In re Estate of Blythe

This is a motion to dismiss the appeal of Alice Edith Blythe, prosecuted from, the order and decree of the court in probate distributing certain property of the estate of Thomas H. Blythe to Florence Blythe Hinckley.

The petition for distribution of Florence Blythe Hinckley was filed on the eighteenth day of June, 1894. Alice Edith Blythe appeared and opposed the petition by demurrer and answer, and then appealed from the decree which was rendered October 26, 1894. Notice of appeal was given upon November 3, 1894. The bill of exceptions was settled upon January 15, 1895, and upon February 25, 1895, appellant’s transcript upon appeal was filed with the clerk of this court.

At the time of the filing of the petition the appeal of Alice Edith Blythe from the judgment made and given in the case, entitled “ Florence Blythe v. Abbie Ayres and others,” had been decided adversely to her contention upon April 24, 1894 (Blythe v. Ayres, 102 Cal, 254), but her appeal from the order denying her a new trial in the same matter was pending and undetermined. Upon January 2,1895, the last-named order was affirmed upon appeal. (Hinckley v. Ayres, 105 Cal. 357 .)

The action of Florence Blythe v.…