Morse
Morse v. Hinckley
Opinion
Lead Opinion
Dyke, J.
The action was commenced by George P. Goff, deceased, December 5, 1896. It is alleged in his complaint that in October, 1885, said defendant, her name then being Florence Blythe, by her guardian, James Crisp Perry, filed her petition in the matter of the estate of Thomas H. Blythe, deceased, in the superior court of the city and county of San Francisco, under section 1664 of the Code of Civil Procedure, wherein she claimed and asserted that she was the daughter and sole heir of Thomas H. Blythe, deceased, and prayed to be so adjudged; that on the twenty-second day of October, 1890, said superior court in the matter of the said estate did adjudge that she was the daughter and sole heir of said Blythe, and entitled to distribution of all of his estate, and that the judgment was affirmed by the supreme court; that among the issues which arose on said petition and the answers thereto was the issue whether or not, under the laws of this state, she had been legitimated as the child of said Thomas H. Blythe, deceased; that in the year 1889, while such issue was pending and undetermined, said guardian of the person and estate of said Florence entered into a contract with said Goff, an…