Garner

This is a contest for letters of administration of the estate of William Goodman, deceased, between Georgina Gamer, a niece of defendant, and A. R. Judd, who claims under a written request of one Maggie Goodman-Phillips, an illegitimate daughter of decedent. Judgment *676 went for Gamer, and from the judgment and an order denying a motion for a new trial Judd appealed.

The only question in the case is whether or not the said Maggie was adopted and rendered legitimate under the provisions of section 230 of the Civil Code, which is as follows: The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such; and such a child is thereupon deemed for all purposes legitimate from the time of its birth. The foregoing provisions of this chapter do not appfy to such an adoption.” Maggie was the illegitimate daughter of an Indian woman named Mary; and the court found that at the time of her birth, in 1878, and from 1874 to 1879, the decedent, Goodman, had a family, and was living with his family, and with…