Hinckley

This case is a branch of the litigation which arose out of the settlement of the estate of Thomas H. Blythe, deceased. The general history of that litigation, and the leading facts upon which it was founded are sufficiently stated in the opinions of the court in Blythe v. Ayres, 96 Cal. 532 , and Blythe v. Ayres, 102 Cal. 254 ; and they need not be here repeated. The present appeal is taken by defendant, “Alice Edith Blythe” (so called in the transcript by order of the lower court), from an order denying her motion for a new trial. She claims to have been the lawful wife of said Thomas H. Blythe, deceased, at the time of his death, and to be now his widow. The court found against this claim. She also contends that the respondent, Florence Blythe, is not the daughter of said Thomas H. Blythe, deceased; and the court found against this contention. *358 The elaborate brief of her counsel, covering four hundred and thirty-eight pages, has two. main divisions. In “ division 1 ” it is contended that the evidence is insufficient to support the finding that respondent is the daughter of said Blythe, deceased; and in “ division 2 ” that the evidence is insufficient to support the finding…