Estate of Horgan

Mary Ann Horgan died testate in San Francisco August 15, 1925, leaving certain property to charitable institutions and the remainder of her estate to her heirs at law. Elizabeth O'Mahoney, respondent, petitioned the court for partial distribution, alleging she was an heir, to wit, cousin of decedent. Elizabeth A. O'Connor, assignee of Thomas O'Connor, one of the heirs, opposed the petition, denying that petitioner was such heir and alleging that the said petitioner was not related whatever to decedent. The court found that there were three heirs at law, to wit, Richard O'Connor, a cousin; Thomas O'Connor, a cousin; and Elizabeth O'Mahoney, a cousin. The petition for partial distribution was granted, and from the decree Elizabeth A. O'Connor is the only appellant. [1] She contends that the evidence is insufficient to sustain the finding that Elizabeth O'Mahoney was the cousin of decedent. John Horgan, a native of Ireland, came to the United States prior to 1849. He was married to Bridget O'Connor, and one child was the issue of the marriage, namely, Mary Ann Horgan, decedent herein. John Horgan lived in San Francisco for many years prior to his death there in 1886. He was a…