McKay

A rehearing of this case was granted for the reason that this court desired to consider, before the final determination of this appeal and in connection with it, the case of Stewart v. Stewart, then pending on its second appeal to this court, and in which many of the same questions were involved as are presented by the appeal in the present proceeding. The decision of this court on the second appeal in the ease of Stewart v. Stewart, ante, p. 546 [ 269 Pac. 439 ], has this day been filed.

In the consideration of the questions involved in the two cases and after a careful study of the arguments presented therein, we have come to the conclusion that our former opinion herein is a correct statement of the law applicable to the facts and subject matter of this action. We accordingly see no necessity of making any substantial change in our former opinion.

It is contended by at least one of the amici curiae appearing herein that the doctrine announced in In re Rowland, 74 Cal. 523 [ 5 Am. St. Rep. 464 , 16 Pac. 315 ], was repudiated by this court in In re Burdick, 112 Cal. 387 [ 44 Pac. 734 ], in so far as it was held in In re Rowland that “the husband does not, upon the death of his…