IN RE: THE ESTATE OF IVAN MILLER (1943)

District Court of Appeal, First District, Division 2, California.

IN RE: THE ESTATE OF IVAN MILLER, DECEASED. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY (A CORPORATION), APPELLANT, v. CHARLOTTE E. LEET, ADMINISTRATRIX OF ESTATE OF IVAN MILLER, DECEASED, RESPONDENT.

Civ. 12497.

Decided: September 03, 1943

J. C. Gibson, Leo E. Sievert, H. K. Lockwood, and L. W. Butterfield, all of Los Angeles, for appellant. Hilderbrand, Bills & McLeod, of Oakland (Louis H. Brownstone, of San Francisco, of counsel), for respondent.

This is a companion case to Estate of Waits, 140 P.2d 857, the opinion in which last mentioned case has been this day filed. The facts are substantially the same, the only difference being that Ivan R. Miller, deceased, and his mother, who was his heir, were both residents of New Mexico, the state in which the deceased was killed. The administratrix was appointed upon the nomination of the surviving mother.

The two cases have been submitted upon the same briefs and involve the same legal questions. The same result must follow here for the reasons stated in the opinion in Estate of Waits, 140 P.2d 857.

The order appealed from is affirmed.

SPENCE, Justice.

NOURSE, P. J., and DOOLING, Justice pro tem., concur.

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