Shipman v. Kruse

This is an appeal from a decree determining heirship. The appellant is the adopted daughter of John Kruse, a predeceased brother of the intestate decedent, and the respondents are surviving brothers of said intestate decedent. The decree determined that appellant is not an heir of the decedent.

The applicable statute of succession is Probate Code, section 225: “If the decedent leaves neither issue nor spouse, the estate goes to his parents ... or if both are dead in equal shares to his brothers and sisters and to the descendants of deceased brothers and sisters by right of representation. ’ ’

Ap…