In re Estate of Blythe

CHABACTEB OP THE ACTION.

This is an action instituted under section 1664 of the Code of Civil Procedure (approved March 18, 1885) by the plaintiff, a minor, through her guardian, to determine the heirship and title to the estate of Thomas H. Blythe, deceased; which section provides that in' all estates now being administered, or that may hereafter be administered, any person claiming to be heir to the deceased, or en *70 titled to distribution in whole or in any part of such estate, may, at any time after the expiration of one year from the issuing of letters testamentary or of administration upon such estate, file a petition in the matter of such estate; praying the court to ascertain and declare the rights of all persons to said estate and all interests therein, and to whom distribution thereof should be made.

Plaintiff in due season filed her complaint setting forth the facts of her claim of heirship in the estate, and thereafter, in the time required by the statute, certain defendants, whose claims are hereinafter to be considered, appeared and made answer, traversing the pretensions of plaintiff to be the child and heir of decedent, and alleging that she was the. offspring…