In Re Vigil's Estate

Francisco Vigil died intestate. He left surviving him a widow (his second wife) and four children by his first wife. Pedro Ortiz, the appellee, as the surviving husband of Soledad V. de Ortiz, a deceased daughter of Vigil, claimed the share of the estate that Soledad would have inherited if she had outlived her father, pursuant to the provisions of Comp. St. 1929, § 38-108. Soledad died in April, 1906, leaving surviving her the said Pedro Ortiz, her husband, and an infant daughter, which infant daughter died in July or August, 1906.

The appellant, Cesarita V. de Garcia, one of the children of…