Contest oe Bight oe Inheritance—Time eor Appear.—Under section 1664 of the Code of Civil Procedure, an appeal must be taken fromu, judgment or order made upon a petition to establish the right of inheritance within sixty days from the date of the entry of the judgment or order, and an appeal from a judgment rendered upon a contest of such right taken more than sixty, days after the date of the entry of judgment is too late.

Will — Omission to Provide eor Children — Bight oe Inheritance — Tenancy in Common. —A will providing only for the widow of the deceased, and omitting to provide for his children, and failing to show affirmatively that the omission to provide for them was intentional, does not deprive them of their legal right to inherit the same as if the father had died intestate; and they become tenants in common with the widow in all the real property of the deceased subject to administration, their proportion depending upon whether the property was community property or the separate property of the decedent.

Id.—Decree oe Partial Distribution—Bes Adjudicata—Jurisdiction. —A decree of partial distribution of the estate of a decedent adjudging that all the interest of the widow in certain specified real estate has passed to her vendee, and setting apart to him her estate in the land, does not confer upon him any greater title than she possessed in law, and makes him only a tenant in common with children of the decedent omitted from the will, though the whole land was devised to the widow. The court had no power to adjudicate any other or greater title in him under his petition for distribution claiming that he had succeeded to all the interest of the devisee in the land described; and the decree, if construed to set apart to him the whole of the land, is a nullity as respects the interests of the omitted children. (Beatty, C. J., and Works, J., dissenting, hold that the decree should be construed to distribute the whole of the land described, and though erroneous, is conclusive of the whole title as against a collateral attack, the recitals in the decree of due notice, etc., being conclusive as to the jurisdiction of the court in the absence of evidence to impeach them, and the judgment having never been reversed upon appeal.)

Estates oe Decedents — Limitations — Adverse Possession Pending Administration — Tenancy in Common.— So long as the administration of an estate remains unclosed, the successor in interest of one of the distributees who enters into possession of land under a decree of partial distribution cannot acquire title by limitation or adverse possession as against those who are legally entitled to claim an interest in the land as tenants in common, though he claims title to the whole of the land, and pays all taxes thereon.

Tenancy in Common — Adverse Possession. — A tenant in common cannot show title by adverse possession against his co-tenant, in a case where such title is possible, without bringing himself by proof within the rule that notice of his adverse claim must be brought home actually or constructively to the co-tenant.