Spini

Sherrey E. Hankins (appellant) filed in the superior court (San Mateo) a petition for letters of administration in the estate of her deceased father, Grant V. Levie. Belva Spini (respondent in this appeal) objected, alleging that she was the surviving spouse entitled to priority, under Probate Code section 422, in the granting of letters. The court granted letters to appellant.

Respondent then petitioned for a determination of heirship, again alleging that she was entitled to be recognized as decedent’s surviving spouse. The court determined that respondent was a putative spouse and that she was entitled to receive all the property acquired by decedent during the supposed marriage and one third of the other property of decedent.

The petition to determine heirship was submitted on stipulated facts, as follows:

Decedent and respondent, as first cousins, could lawfully have been married in California (Civ. Code, § 4400). But it is conceded by respondent that the marriage ceremony performed in Nevada was invalid in that state because of the parties’ consanguinity (Nevada Rev. Stats., § 122.020). 1 Appellant in turn concedes that respondent, as a putative spouse, was…