Estate of Baird

This is a motion to dismiss an appeal taken by the above-named respondents from an order of the superior court of the city and county of San Francisco, department 8 thereof, Honorable T. I. Fitzpatrick, Judge presiding, granting a motion for a new' trial interposed on behalf of petitioner, following the reversal by this court of a judgment based upon a petition for partial distribution in the above-entitled estate ( 193 Cal. 225 [ 223 Pac. 974 ]). The said judgment awarded tó petitioner the estate of decedent upon the ground that he adopted petitioner within the meaning of section 230 of the Civil Code and in reversing the judgment this court directed the lower court to set aside the special verdicts of the jury, the findings of the court, and the judgment therein; and to enter judgment for respondents denying the petition for partial distribution upon the ground that petitioner is not the adopted son or heir of decedent.

It appears that petitioner, a minor, through Lydia M. Valencia, his mother, petitioned the said superior court for an order of partial distribution in the above-entitled estate upon the ground petitioner was the adopted son and heir of the decedent as aforesaid…