Estate of Baird

Good Law
1924 Cal. LEXIS 301·193 Cal. 225·223 P. 974
Supreme Court of CaliforniaFebruary 16, 1924S. F. No. 10226.California24,054 words

Opinion

Lead Opinion

Lawlor, J.

The petitioner, David Jennings Baird, a minor, by Lydia M. Valencia, guardian of his person and estate, filed an amended petition praying for partial distribution to him of the above-entitled estate as the adopted child and heir of decedent. The petition alleges that petitioner is the illegitimate son of Miss Valencia and decedent; that decedent died after the birth of petitioner and that before his death, and within the meaning of section 230 of the Civil Code, he adopted petitioner as his own child; that petitioner is the sole surviving issue and only child of decedent ; that decedent left an estate consisting of real and personal property; and that he made a last will in which no provision was made for petitioner. Petitioner prayed an order of court distributing to him the whole of decedent’s estate, or such part thereof as the court shall direct, on the delivery of a -bond to the executor and executrix of the said will. An answer, denying, among other things, that petitioner is the child of, that he was adopted by or was in any way related to decedent, was filed by I. I. Brown, executor of said will, and by Veronica C. Baird, as executrix of and legatee and devisee under the…

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