In re the Estate of Vaughn

Appeal by Martha A. Bradford from a decree of final distribution.

Before the petition for distribution was filed, all the heirs except William J. Vaughn had conveyed to the latter all their interests in certain real property here involved; the said William J. Vaughn had conveyed the whole of said property to D. W. Bradford, and the latter had conveyed the same to the appellant, Martha A. Bradford. The prayer of the petition was, that the said property be distributed to said Martha A. Notice was given *193 to all parties interested, and duly served. All the facts as to her ownership appeared, and “ no one appeared or made any opposition upon the hearing of the said petition for distribution, or opposed the granting of the prayer thereof.” The court, however, refused to distribute said property to appellant, but distributed it to the-legal heirs of the deceased.

We are informed by the brief of counsel that the refusal of the court to distribute the property according to-the prayer of the petition and the consent of all parties interested was based upon the decision of the court in Chever v. Ching Hong Poy, 82 Cal. 68 . But certainly there was in that case no such question as the…