Hinckley

This is an appeal by the Blythe Company from the order denying it a new trial in the matter of the application of Florence Blythe Hinckley for a decree of partial distribution of the estate of Thomas H. Blythe, deceased.

The said company was a party to the proceedings instituted under section 1664 of the Code of Civil Procedure, and appealed from the judgment and decree of the court rendered therein, and also from the order of the court denying it a new trial. Both of these appeals were here determined adversely to appellant’s contention. (Blythe v. Ayres, 102 Cal. 254 .)

The stress of appellant’s argument in this case is an *693 attack upon the former decisions of this court rendered in the matter of said estate, and it is contended that in those decisions we have given an unwarrantable construction and interpretation to section 1387 of the Civil Code, and have denied to the cases of Estate of Sanford, 4 Cal. 12, and Pina v. Peck, 31 Cal. 359 , the weight which is due them as authority.

The question thus presented was fully and elaborately argued before the court upon the former Blythe appeals, and the conclusions reached and expressed in Blythe v. Ayres, 96 Cal. 532 , and…