Estate of Pendergast

This is an appeal by the state of California from a decree of distribution in the estate of Jeremiah Pendergast, deceased. Pendergast died in 1875, and no administration upon his estate appears to have been had until 1898. The decree in question was entered in September, 1903.

The respondents move to dismiss the appeal on the ground that some of the parties interested in the subject-matter of the decree have not been served with notice of appeal. The petition for distribution was filed on behalf of five persons, —namely, John Fitzpatrick, Edmond Fitzpatrick, Patrick Fitzpatrick, Johanna Troy, and Honoria Doolan, claiming to be the heirs at law of said deceased. Thomas F. Barry signed the petition as attorney for the petitioners. There is nothing in the record to show that any other of the persons claiming to be heirs of the deceased appeared in the court below, except the recital in the decree itself. Neither is there anything to show that such persons did not so appear. The recital is to the effect that Thomas F. Barry and J. J. Dwyer appeared as attorneys for the petitioners, and also for certain other parties named, these other parties being the persons whom the court adjudged…