In re Estate of Donnelly

Thomas Donnelly died intestate February 17, 1896, and on December 3, 1897, the superior court made a decree distributing his estate to his widow and the successors in interest of three of his children. The decedent left surviving him another child, James J. Donnelly, who, prior to his father’s death, viz., October 5, 1894, was sentenced to imprisonment in the state prison of the state of California for the term of his natural life, and who at the time of his father’s death and at the date of the said decree of distribution was in confinement therein under such sentence. February 11, 1897, James made an assignment and transfer of his interest in the estate of his father to Charles J. S til well, who, by virtue thereof, claimed to have a portion of the estate of the decedent distributed to him. The court denied his claim and distributed the estate as above stated. From this decree of distribution Stilwell has appealed.

*419 Section 674 of the Penal Code is as follows: “A person sentenced to imprisonment in the state prison for life is thereafter deemed civilly dead.”

Civil death imports a deprivation of all rights whose exercise or enjoyment depends upon some provision of positive…