Estate of Doyle

The present appeal is from the final decree of distribution entered in the estate of one Thomas Patrick Doyle, deceased. In the said decree the trial court found and adjudged that the respondents were either directly or in due course of legal representation first cousins of the deceased, and as such his next of kin and legal heirs. It also further found that appellant’s testator, Leonard J. Meehan, was a second cousin of said Thomas Patrick Doyle, hut was not his next of kin nor, under our laws of succession, his next immediate legal heir. Leonard Meehan died shortly after the death of Thomas Patrick Doyle, and his estate is represented here through the appealing administratrix with the will annexed of his estate.

Appellant’s main contention on the appeal is that the evidence is insufficient to sustain the trial court’s finding that respondents were first cousins of Thomas Patrick Doyle, while she is at the same time conceding the correctness of its finding as to the degree of relationship her own testator sustained to the deceased.

Although a resident of San Francisco for a great many years prior to his death on November 3, 1928, Thomas Patrick Doyle appears to have led a…