Estate of Ross

This is an appeal by a large number of claimants from an order and decree of final distribu tion. The petition of these claimants, who alleged a right of inheritance under subdivision 8 of section 1386 of the Civil Code, was stricken from the files by the superior court, and whether or not the court erred in doing this is 'the only question necessary to be considered on this appeal.

The material facts down to a certain point were stated in the opinion filed July 1, 1919, in Estate of Ross (L. A. No. 5864), 180 Cal. 643 , [ 182 Pac. 755 ], as follows:

In that opinion it was further shown that the petition of Mary E. Ross stated no right of inheritance in her, under subdivision 8 of section 1386 of the Civil Code, she being simply the widow of a deceased brother of the deceased spouse of Elizabeth B. Ross, and therefore not within the terms of said subdivision 8 of section 1386 of the Civil Code. Nor was any sufficient showing made as to' the rights of the unnamed claimants, who, she alleged, were also entitled to inherit under said subdivision.

Upon that appeal, the order was reversed and the cause remanded for proceedings not inconsistent with the views expressed in the…