In re the Estate of Burton

—This is a proceeding initiated by the petition of Maggie Leach, as executrix and sole devisee *460 of the will of Wallace Leach, deceased, under section 1664 of the Code of Civil Procedure, praying the court to ascertain and declare the rights of all persons to the estate of Henry S. Burton, deceased, and to determine to whom distribution thereof should be made. In due course of the proceeding, the petitioner filed her complaint, alleging that she had succeeded to the title of the heirs of Henry S. Burton in and to a tract of land containing 8,925 acres situate in the county of San Diego, known as “ Rancho Jamul,” subject to administration and to the homestead of the widow of the deceased, and praying that it may be so determined, and that distribution of the estate be made to her.

The heirs of Henry S. Burton, deceased, who appeared, and by answer denied the alleged right of petitioner, were Maria A. Burton, the widow of deceased, Nellie De Pedrorena and Henry H. Burton, the children of deceased, and Elizabeth Lull Cochrane and Richard Swann Lull, the grandchildren of deceased.

The court found that five sixths of the Rancho Jamul had descended to Maria A. Burton, Nellie De…