In Re Sharp

This is an appeal from a decree of partial distribution, made by the superior court (in probate), whereby it distributed to Adolph B. Spreckels and Reuben H. Lloyd $80,000 of the $200,000 bequeathed to them by the will of *Page 635 deceased, and which was the subject matter of the litigation in the case of James O'Donnell et al. v. Samuel G. Murphy. et al. (No. 1034), ante, p. 625, [ 120 P. 1076 ], this day decided by this court. In the case at bar the respondents Spreckels and Lloyd filed a petition, on June 6, 1907, for the distribution to them of the $200,000 bequeathed to them in terms by the will of said decedent, Honora Sharp. To this petition the appellants, claiming to be the only heirs at law of said decedent, filed a demurrer, and subsequently, before the court had passed thereon, filed an answer, petition and cross-complaint. This pleading was filed subsequently to the commencement by respondents of the action in equity, above referred to as this day decided by this court, and the "petition and cross-complaint" consisted of the complaint filed in the action in equity. The answer also set forth the commencement of such action in equity, and made the complaint therein a…