Mott

This is an appeal from a judgment on the pleadings entered in favor of Theresa Seanlan, one of the defendants.

The action springs from a statute entitled, “An act to create a police relief, health and life insurance fund in the several counties, cities and counties, cities and towns of the state,” approved March 4, 1889, and amended March 31, 1891. (Stats. 1889, p. 56; Stats. 1891, p. 287.)

Section 7 thereof provides: “Whenever any member of the police department of such . . . city . . . shall, after ten years of service, die from natural causes, then his widow or children, or if there be no widow or children, then his mother or unmarried sisters, shall be entitled to the sum of $1,000.00 from said fund.”

On September 10, 1910, John P. Scanlan, who had been at that time a member of the police department of the city of Oakland for more than ten years, died from natural causes. At the time of his death he left surviving him no widow, children or mother, but left three sisters, one of whom, Theresa Scanlan, had never been married, and two of whom—Louise B. Edes and Mary O’Neill—were widows.

With more detail these facts were set forth by the plaintiff in a complaint against the…