Estate of Lux

This is an appeal from the decree of final distribution in the matter of the estate of Henry Lux, deceased. The sole appellant is one V. W. Turney, who claimed, as the successor of Charles IT. Lux, a son of deceased, that an undivided one-sixth of a lot in the city of San Jose should be distributed to her. Her claim is based on the fact that prior to the death of deceased one Clayton had recovered a judgment against said Charles H. Lux for $493.75; that after such death an execution was issued on said judgment, whereunder the interest of Charles H. Lux in said lot was sold to her, and a certificate of sale therefor issued to her. For this reason she claims to be entitled to distribution of whatever interest in said lot said Charles H. Lux would have been entitled to from his father’s estate, if such execution sale had not been made, section 1678 of the Code of Civil Procedure providing that distribution may be made, although some of the original heirs, legatees or devisees may have conveyed their share to other persons; and such shares must be assigned to the person holding the same, in the same manner as they otherwise would have been to such heirs, legatees, or…