Daly

— The defendants had final judgment upon demurrer to the second amended complaint, and the plaintiffs appeal. The material facts shown by the pleading are as follows: —

Anna J. Skerrett died in London, England, being a *553 resident of said place at the time of her death, and leaving a will. This will was proved in an English court, and an administrator with the will annexed appointed there. A duly authenticated copy was filed in the prohate court of San Francisco, and the defendant Pennie was appointed administrator with the will annexed here. In due course, the San Francisco court made a decree of settlement of the final account of its administrator, and of final distribution of the property remaining in his hands. This decree recited, among other things, that there were unpaid creditors in England, whose claims liad not been presented here; that the estate in England was not sufficient to pay such claims, and that all the legatees and devisees resided in England, except one, whose legacy had lapsed, and another, who had received his share, and contained a provision that the sum remaining in the hands of the administrator here should be delivered to the administrator in…