McCormick

Catherine Kennedy died testate at the city and county of San Francisco, April 13, 1887, leaving estate of the value of about twelve thousand dollars. She was thrice married, and left surviving her one son by her second marriage, named John E. Tom-linson. By her last will she devised all of her estate to the said son, John E. Tomlinson, except three small legacies of one hundred dollars each, bequeathed to Sarah McCloskey, John E. McCormick, and Rosa Malone, respectively, and naming James McCloskey as executor. The will was admitted to probate McCloskey appointed *430 executor thereof, and such proceedings were had in relation thereto, that on the eleventh day of December, 1889, a petition was filed by the executor praying a distribution of the estate as in the will provided. On the twenty-third day of December, 1889, Mary Rogers made and filed her petition and opposition in the cause, in which,, among other things, she set out that she was the daughter of Catherine Kennedy, deceased; that by an omission, not appearing to be intentional, deceased wholly failed to provide for petitioner in her last will; that she is entitled to a like share or interest in the estate as though…