Estate of Land

This is an appeal from a decree of final distribution. Francis E. Land claims as assignee of a fifteen thousand dollar interest in the bequest to the city of Sacramento, which bequest amounted to the sum of two hundred and fifty thousand dollars, but which upon distribution was decreased to $231,165.66, said sum being distributed to the city of Sacramento in trust for the purchase of a public park in the city of Sacramento, to be known and called “The William Land Park.”

Appellant’s claim to the distribution of the said amount of fifteen thousand dollars is made under the provisions of section 1678 of the Code of Civil Procedure, authorizing and requiring distribution to the assignee of a legatee upon petition of such assignee. If we assume in favor of the appellant that all the papers and documents set up in his petition for distribution were placed in evidence before the court at the time of distribution, and that the order of court denying a distribution of the amount of fifteen thousand dollars to the appellant is, as appellant contends, based upon a construction of such documents and the legal effect to be given thereto, we may consider whether or not the court was justified…