Estate of Riccomi

This is a proceeding instituted by Costanza Eiccomi, mother of Egisto Eiccomi, deceased, against the surviving wife of said Egisto Eiccomi, deceased, both as administratrix of his estate and individually, to obtain one-half of three thousand dollars paid to the latter as such administratrix by the Pacific Gas and Electric Company in full settlement of any claims the “heirs” of Egisto Eiccomi might have against said company on account of his death, which death it was claimed was caused by “the wrongful act or neglect” of said company. Admittedly the money came into the hands of the administratrix as the personal representative of the deceased, Egisto Eiccomi, and as money recovered by such personal representative under the provisions of section 377 of the Code of Civil Procedure. Pending determination of the matter in the superior court, the mother. died, and the administratrix of her estate was substituted as petitioner. The superior court concluded that fifteen-sixteenths of the money so received should go to defendant, as the surviving wife of Egisto Eiccomi, and one-sixteenth to the mother’s estate, and made its order or judgment accordingly. The petitioner appeals from this…