Estate of Dam

This is anappeal by Francis Herbert Dam as an heir at law of the above-named decedent and also as residuary devisee and legatee under the last will of said decedent, from the decree of partial distribution made September 22, 1931, in the matter of said estate. The appeal has been taken on the judgment-roll alone (that is, on the clerk’s transcript of the record in his office pertinent to said distribution and constituting the judgment-roll in such matter), and without a bill of exceptions or the transcript in lieu of a bill of exceptions under section 953a of the Code of Civil Procedure. The clerk’s transcript contains a copy of the following, viz.: (1) Petition for partial distribution filed September 8, 1931; (2) Order of the clerk indorsed thereon setting the hearing for September 22, 1931, 10 o’clock A. M.; (3) Clerk’s ten-day notice dated September 8, 1931, posted on the same day pursuant to section 1200 of the Probate Code, to all persons interested in the estate of the deceased; (4) Affidavit of the deputy county clerk made September 10, 1931, annexed to said notice setting forth that on September 8, 1931, he posted a correct and true copy of the notice at the courthouse in…