McKeag

— Petitioner sought a writ of mandate to compel payment of a pension to her as the widow of a member of the Los Angeles Pire Department.

*388 Charles H. McKeag for many years acted as secretary of the Board of Fire and Police Commissioners, having been appointed to that position in 1906. From 1925 to 1932 he acted as secretary of the Board of Fire Commissioners exclusively. He was retired on February 16, 1932, and was paid a pension until the time of his death on August 23, 1939. Thereafter his widow, petitioner herein, pursuant to the provisions of section 183 of the city charter, made application for a widow’s pension. That section provides: “Whenever any member of the Fire or Police Department shall die . . . after retirement, or while eligible to retirement from such department on account of years of service then an annual pension shall be paid in equal monthly installments to his widow. ...” Defendants denied her the pension on the ground that her husband was not legally entitled to receive the pension paid him during his lifetime. Petitioner then brought this proceeding in mandamus in the Superior Court of Los Angeles County and, after a hearing on the merits, secured…