In re Estate of de Laveaga
Opinion
lead Opinion
Coffey, J.
This is an application by the two sisters of the decedent, asking for distribution of the property of the estate to them and to their brother Miguel A. de Laveaga, as the next of kin and heirs, filed December 4, 1896. This application the executors answered formally on December 16, 1896, putting in issue, however, nothing material in this controversy.
On January 11, 1897, an answer to the petition of the sisters was filed on behalf of one Anselmo Jose Maria de Laveaga, in which he alleged that he is one of t'he heirs at law and next of kin of said Jose Vicente de Laveaga, deceased, and averred, in support of his claim, that he was and is the *388 only son and the only child and only living offspring and sole heir at law and sole next of kin of said Jose Maria de Laveaga, a brother of said Jose Vicente, and mentioned as such brother in the petition of the sisters; that he was born April 21, 1868, and is now over the age of majority and that on the first day of October, 1873, and prior thereto he was and thence hitherto has been and still is a resident of the city and county of San Francisco, and domiciled therein, and a citizen of the said state of California and of the United…