Westerfield

— This contest arises on a cross-petition for a decree of distribution of the estate of William Westerfield. The court below seems to have treated the matter as requiring, incidentally, before final decree of distribution, under the provisions of section 1664 of the Code of Civil Procedure, that the question of heirship of the parties contestant should be determined, and did, by its decree^ make such determination; and that “the plaintiffs, Mary B. Smith, Emma Danuser, Charles Westerfield, and Fred Westerfield, are the lawful heirs at law of, and the only heirs of, William Westerfield, deceased, and as such are *114 entitled to inherit his estate, share and share alike.” Afterwards a decree of final distribution was made, based upon the decision in this proceeding. No appeal is prosecuted from this last decree. But an' appeal has been taken from the judgment or decree determining the question of heirship, and from an order denying a new trial. The appeal from the judgment cannot be considered, for the reason that the appeal was not taken until more than sixty days after the entry of the judgment. (Code Civ. Proc., secs. 1664,1715; In re Backus’s Estate, 95 Cal. 671 .)

The point…