Estate of Milliken

Deceased died intestate in Sacramento, October 29, 1874. 0. M. Stratton filed petition for letters of administration, together with the written request of Katie P. Milliken, who claimed to be the widow of the deceased. Notice of hearing was given by posting under the statute. On the hearing no person appeared except said Katie P. and the petitioner, and after hearing their testimony, letters were granted to petitioner, the order reciting that it was “proved by the oath of Katie P. Milliken that deceased was a resident of the City and County of San Francisco,” and letters were thereupon issued. Feby 10, 1875, Emma H. Milliken, daughter of deceased by former marriage, filed petition for revocation of the letters to Stratton, upon the grounds that deceased was at death a resident of Sacramento County, and that said Katie P. Milliken alias Katie P. Pearson, upon whose request letters were issued to Stratton, was a mulatto or negro, and that deceased was a white man, and that the marriage between them was null and void. Upon this petition an order to show cause was made and citation issued returnable February 23, 1875.

On that day the parties appeared by their attorneys, and Stratton…