Estate of Barreiro

A rehearing was granted in this cause to permit further consideration of the question of whether or not this court was justified in its former conclusion that a substantial portion of the 1000 shares of the capital stock of the Compañía de Inversiones de la Baja California, S. A., a Mexican corporation (hereinafter referred to as the "Compañía”), belonged to Gertrudis Marquez Barreiro as tenant in common with her former husband, was justified by the evidence before us. In determining* this question we have again reviewed the printed record in this cause and the more extensive typewritten record in the appeal taken by the minors from portions of the same judgment attacked in this case (Estate of Barreiro, ante, p. 153 [ 13 Pac. (2d) 1017 ], which we are permitted to do). (Hollenbach v. Schnabel, 101 Cal. 312 [ 40 Am. St. Rep. 57 , 35 Pac. 872 ]; Sewell v. Price, 164 Cal. 265 [ 128 Pac. 407 ]; Wood v. Kennedy, 117 Cal. App. 53 [ 3 Pac. (2d) 366 ].)

It is evident from all the records which we have, that at least up to the time of these two appeals, it was the opinion of the executor, the widow and her counsel and others having to do with the probate proceedings, that Gertrudis…