Estate of Ghirardelli

Domingo Ghirardelli died on January 17, 1894, in Italy, leaving a will which was admitted to probate in this court March 14, 1894, and the executors therein named, Domingo Ghirardelli and Louis Ghirardelli, were appointed and qualified and assumed the administration of the estate, and are still as they have been continuously since so engaged.

Petitioner makes her application under section 1307, Civil Code, which is as follows: “When any testator omits to provide in his will for any of his children, or for the issue of any deceased child, unless it appears that such omission was *2 intentional, such child, or the issue of such child, must have the same share in the estate of the testator as if he had died intestate, and succeeds thereto as provided in the preceding section”; averring that she is a daughter of the deceased testator and of his deceased wife, Carmen Ghirardelli, having been born August 4, 1845, in the city of Lima, Peru, but that nevertheless the said testator omitted to provide for her in and by his will, and that said omission was not intentional but was accidental and an oversight on his part. This averment is answered by respondents, who deny that she is a…