Henry L. Gilladette1

M, b. August 1857
     Henry L. Gilladette was born in August 1857 at New York.1 He was the son of John Lawrence Gilladett and Nancy Ford (?)1 Henry L. Gilladette married Ella (?) circa 1882.1
     Henry L. Gilladette appeared on the census of 5 June 1900 at 143 Lansing St., Household 82-101, Utica, Oneida, New York; Gildet, Henry, 43, Aug, m. 18 yr, NY CT NY, Baker
Elle, 33, Dec., m 18 yr mo 2-2 liv., NY NY NY
Henry, son, Apr, 16, NY NY NY
Earl, son, Feb. 1900, NY NY NY.1 He appeared on the census of 19 April 1910 at 112 N. Comstock Ave., Household 56-92, Syracuse, Onondaga, New York; Gildet, Henry, 49, m1 25 yr, NY NY NY Presser Clothing
Henry, son, 23, S, NY NY NY,
Ella, wife, 41, m1 25 yr, mo 4-1 living,NY NY NY, works out clothing.2

Children of Henry L. Gilladette and Ella (?)

Citations

  1. [S24] 1900 Census.
  2. [S100] 1910 Census.

Franklin Gilladette1

M, b. February 1862, d. 25 December 1904
     Franklin Gilladette was born in February 1862 at New York.1 He was the son of John Lawrence Gilladett and Nancy Ford (?)1 Franklin Gilladette married Catherine (?) circa 1885.1 Franklin Gilladette died on 25 December 1904 at age 42.2
     He appeared on the census of 7 June 1900 at 239 Park Place, Household 10-17, Schenectedy, Schenectedy, New York; Gilidett, Frank R., Feb 1862, m 14 yr., NY CT NY,
Catherine, wife, Mar. 1861, m. 14 yr., mo 0-0, NY IRE IRE.1

Citations

  1. [S24] 1900 Census.
  2. [S82] Rome Daily Sentinal Obituaries Extraction, Giladett, Frank 25 Dec 1904 46 yrs.

Helen Gilladette1

F, b. 22 June 1850, d. 25 November 1917
     Helen Gilladette was born on 22 June 1850 at Oriskany, Oneida, New York.1,2,3 She was the daughter of John Lawrence Gilladett and Nancy Ford (?)1 Helen Gilladette married Cyrus Gilbert before 1872.4,2 Helen Gilladette died on 25 November 1917 at Syracuse, Onondaga, New York, at age 67.3

Children of Helen Gilladette and Cyrus Gilbert

Citations

  1. [S3] 1870 Census.
  2. [S24] 1900 Census.
  3. [S183] Utica Herald-Dispatch, Nov. 28, 1917 p 14.
  4. [S95] Unknown name of person, unknown record type, unknown file number.
  5. [S84] 1880 Census.
  6. [S229] The Rome Citizen, Aug. 7, 1889.

Ella (?)1

F, b. December 1866, d. after 1917
     Ella (?) was born in December 1866 at New York.1 She married Henry L. Gilladette, son of John Lawrence Gilladett and Nancy Ford (?), circa 1882.1 Ella (?) died after 1917.2

Children of Ella (?) and Henry L. Gilladette

Citations

  1. [S24] 1900 Census.
  2. [S114] WWI Draft Records.
  3. [S100] 1910 Census.

Henry Gilladette1

M, b. 15 April 1883
     Henry Gilladette was born on 15 April 1883 at New York.1,2 He was the son of Henry L. Gilladette and Ella (?)1
     Henry Gilladette began military service in 1917 at WWI Draft Registration, Syracuse, Onondaga, New York, Pt under treatment for insanity at St. Lawrence State Hospital, Odgensburg, NY. Info provided by mother, Mrs. Ella Gildet.2 He appeared on the census of 24 January 1920 at Inmate, Willard Sate Hospital, Romulus, Seneca, New York; Henry Gildet, 37, S,Inmate, NY NY MI, Tailor shop hospital.3

Citations

  1. [S24] 1900 Census.
  2. [S114] WWI Draft Records.
  3. [S78] 1920 Census.

Earl Alvin Gilladette1

M, b. 15 February 1900, d. 1 September 1900
     Earl Alvin Gilladette was born on 15 February 1900 at Utica, Oneida, New York.1,2 He was the son of Henry L. Gilladette and Ella (?)1 Earl Alvin Gilladette died on 1 September 1900 at Utica, Oneida, New York.3,2

Citations

  1. [S24] 1900 Census.
  2. [S125] Utica Observer-Dispatch.
  3. [S100] 1910 Census.

Catherine (?)1

F, b. March 1861
     Catherine (?) was born in March 1861 at New York.1 She married Franklin Gilladette, son of John Lawrence Gilladett and Nancy Ford (?), circa 1885.1

Citations

  1. [S24] 1900 Census.

Cyrus Gilbert1,2

M, b. circa 1853, d. before 1900
     Cyrus Gilbert was born circa 1853 at New York.2 He married Helen Gilladette, daughter of John Lawrence Gilladett and Nancy Ford (?), before 1872.1,3 Cyrus Gilbert died before 1900.

Children of Cyrus Gilbert and Helen Gilladette

Citations

  1. [S95] Unknown name of person, unknown record type, unknown file number.
  2. [S84] 1880 Census.
  3. [S24] 1900 Census.
  4. [S229] The Rome Citizen, Aug. 7, 1889.

(?) Gilladette1

?, b. after 1900, d. before 1910
     (?) Gilladette was born after 1900.1 (?) Gilladette was the child of Henry L. Gilladette and Ella (?)1 (?) Gilladette died before 1910.1

Citations

  1. [S100] 1910 Census.

(?) Gilladette1

?, b. after 1900, d. before 1910
     (?) Gilladette was born after 1900.1 (?) Gilladette was the child of Henry L. Gilladette and Ella (?)1 (?) Gilladette died before 1910.1

Citations

  1. [S100] 1910 Census.

William Gilladett1

M, b. circa 1820, d. between 1882 and 1893
     William Gilladett was born circa 1818 at New York.1 He was born circa 1820 at Dutchess, New York, USA.2 He was born circa 1820 at Massachusetts.3 He was the son of Thomas Gilladett and Roxanna Green.4 William Gilladett was born circa 1824 at New York.5 He married Lucretia (?) circa 1849.5 William Gilladett died between 1882 and 1893 at Chenango, New York, USA.3,6
     William Gilladett was also known as William Gildet.5 He appeared on the census of 10 September 1850 at Paris, Oneida, New York; Gillet, Wm., 32, Operative, NY
Lucretia, 22,
Alanson, 3/12.1 He appeared on the census of 9 June 1855 at Pittsfield, Otsego, New York, USA.2 He appeared on the census of 26 July 1860 at Household 1053-1053, New Hartford, Oneida, New York; Gildet, William, 36, Blacksmith, all in household b. NY
Lucretia, 25
Lanson, 10
Mary, 8
Emma, 5
Eiugene, 3.5 He appeared on the census of 1 July 1870 at Household 293-314, Newport, Herkimer, New York; Wm. Gilladedd, 49, Farm laborer, NY
Lucretia, 41, works in house
Alanson, 20, works in cottonmill
Mary, 19, works in cottonmill
Emma, 15, works in cottonmill
Eugene, 12, works in cottonmill
Charles, 9.7 He appeared on the census of 1875 at Sherburne, Chenango, New York, USA.8 He appeared on the census of 2 June 1880 at Marshall, Oneida, New York; In the Marshall, Oneida Co.:
John J. Jones      34
Katie A. Jones      28
William Gilladett      60
Albert Richardson      28
Peter Mc Carty      21
In the Schulyers Lake census: Gildett, Lucretia, 52, works out
Eugene, son, 24
Kitty, dau-in-law, 25
Charles, son, 19.3

Children of William Gilladett and Lucretia (?)

Citations

  1. [S69] 1850 Census.
  2. [S117] 1855 New York State Census.
  3. [S84] 1880 Census.
  4. [S89] 1820 Census.
  5. [S87] 1860 Census.
  6. [S313] Deruyter NY Gleaner, William Giladett, an aged inmate of the county-house hanged himself.....
  7. [S3] 1870 Census.
  8. [S311] Unknown record type, unknown location, unknown record info, Name:     William Giladett
    Titles and Terms:
    Event Type:     Census
    Event Date:     1875
    Event Place:     Sherburne, Chenango, New York, United States
    Gender:     Male
    Age:     54
    Relationship to Head of Household:
    Birth Year (Estimated):     1821
    Family Number:     256
    Page:     24
    Line Number:     20
    GS Film number:     819852
    Digital Folder Number:     004327102
    Image Number:     00352

    Household     Gender     Age     Birthplace
    William Giladett     M     54 Dutchess
    Wife     Lucretia Giladett     F     46 Otsego
    Daughter     Emma Giladett     F     20 Chenango
    Son     Eugene Giladett     M     18 Chenango
    Son     Charles Giladett     M     14 Oneida

    Citing this Record:
    "New York, State Census, 1875," index and images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/VTZR-5KQ : accessed 19 Jul 2013), William Giladett, 1875.

Melissa (?)1

F

Citations

  1. [S27] Unknown subject unknown repository.

Henry Gilladett1

M

Citations

  1. [S27] Unknown subject unknown repository.

Corp. Robert J. Coffey

M, b. 23 August 1918, d. 30 April 1993
     Corp. Robert J. Coffey was born on 23 August 1918.1 He was the son of James Coffey. Corp. Robert J. Coffey married Rosemary Katherine Phillips, daughter of William G. Phillips and Elizabeth D. Scranton, on 3 July 1943 at Our Lady of Lourdes Church, Utica, Oneida, New York.2 Corp. Robert J. Coffey died on 30 April 1993 at Old Forge, Herkimer, New York, at age 74.3

Citations

  1. [S20] Unknown subject, unknown file number, Social Security Death Index, unknown series.
  2. [S116] Syracuse Harold Journal, July 23, 1942, Pg. 20.
  3. [S20] Unknown subject, unknown file number, Social Security Death Index, unknown series, ROBERT J COFFEY 23 Aug 1918 30 Apr 1993 13420 (Old Forge, Herkimer, NY) (none specified) 134-10-7284 New York.

James Ray Bowers

M, b. 12 July 1888, d. 19 January 1971
     James Ray Bowers was born on 12 July 1888 at Herkimer, Herkimer, New York.1,2 He married Sarah Loretta Scranton, daughter of Albert L. Scranton and Roseann Kinsella, in 1950 at Broward, Florida.3 James Ray Bowers died on 19 January 1971 at Utica, Oneida, New York, at age 82.4,2

Citations

  1. [S20] Unknown subject, unknown file number, Social Security Death Index, unknown series, Ralph Bowers SSN: 076-16-3720 Last Residence: 13035 Cazenovia, Madison, New York, United States of America Born: 20 May 1892 Died: Aug 1966 State (Year) SSN issued: New York (Before 1951 ).
  2. [S125] Utica Observer-Dispatch.
  3. [S224] Florida Marriage Collection: James Roy Bowers
    Marriage Date:      1950
    County of Marriage:      Broward     
    Volume:      1252
    Certificate:      3904
    Source:      Florida Department of Health
    Record Number:      581503240.
  4. [S20] Unknown subject, unknown file number, Social Security Death Index, unknown series.

Heman Howes Sanford1

M, b. 29 September 1829, d. between 1900 and 1910
     Heman Howes Sanford was born on 29 September 1829 at Madison, Madison, New York.2 He was the son of Abraham Sanford and Clara Howes. Heman Howes Sanford married Emily J. Taylor, daughter of Stephen William Taylor and Eunice Scranton, on 17 June 1857 at Hamilton, Madison, New York.3,4,1 Heman Howes Sanford died between 1900 and 1910.
     He CE181860Homer, Cortland Co., NY CE181880Chicago, Cook Co., Ill CE191900Syracuse, Onondaga Co, NY. Heman Howes Sanford was also known as Prof. Herman Howes Sanford. He was Principal Of Cortland Academy/ Professor At Syracuse University. He lived in 1870 at Homer, Cortland Co., New York.

Children of Heman Howes Sanford and Emily J. Taylor

Citations

  1. [S5] The Church of Jesus Christ of Latter-day Saints, Ancestral File (R).
  2. [S188] Sanford Genealogy - Heman Howes Sanford The Branch of William of Madison, New York, online http://worldconnect.rootsweb.com/cgi-bin/igm.cgi
  3. [S84] 1880 Census.
  4. [S15] LDS Family Search, online Familysearch.com.

William John Sanford1

M, b. 20 September 1861, d. after 4 April 1930
     William John Sanford was born on 20 September 1861 at Homer, Cortland, New York.2 He was the son of Heman Howes Sanford and Emily J. Taylor. William John Sanford married Alice Livonia Carpenter on 1 January 1890 at Syracuse, Onondaga, New York.3,1,2 William John Sanford died after 4 April 1930.
     He appeared on the census of 6 June 1900 at Household 127-130, Syracuse, Onondaga, New York; Sanford, William G., Sep 1861, 38, m 10 yr, All in immed fam: NY NY NY, Cashier in plough company
Alice L., wife, July 1861, 38 m 10 yr
Laura F., dau. July 1891, 8
Mabel J., dau., Oct 1892, 7
Frederick W., son, Feb 1895, 5
Ruth A., dau. Apr 1897, 3
Herman H., father, Sep 1829, 70, NY RI RI,
Emily, mother, Sep 1823, 76, mo 4-2 living, NY MA MA
Scranton, Harriet, great-aunt, Mar 1817, 83, NY CT MA
?, Anna E., servant, Apr 1879.3
He appeared on the census of 25 April 1910 at Household 296-300, Burbank, Los Angeles, California; Sanford, William G., 49, m1, 20 yr, All in household NY NY NY, no occupation
Alice L., 49, m1, 20 yr, mo 4-4 living,
Laura F., 18
Mabel J., 17, stenographer church mission
Frederick W., 15
Ruth A., 13.4 He appeared on the census of 5 January 1920 at 417 North Maryland Ave., Household 53-53, Glendale City, Burbank Township, Los Angeles, California; Sanford, William J., head, 58, NY NY NY, Book keeper Plumbing
Alice L., wife, 58, NY NY NY
Ruth A., daughter, 22, single, NY NY NY, Salesman dry goods.5 As of 4 April 1930, William John Sanford lived at Santa Ana, Orange, California; Sanford, W. J., 68, 28 at mar., All in household NY NY NY
Alice, 68, 28 at mar.,
Ruth, 32.5

Children of William John Sanford and Alice Livonia Carpenter

Citations

  1. [S5] The Church of Jesus Christ of Latter-day Saints, Ancestral File (R).
  2. [S188] Sanford Genealogy - Heman Howes Sanford The Branch of William of Madison, New York, online http://worldconnect.rootsweb.com/cgi-bin/igm.cgi
  3. [S24] 1900 Census.
  4. [S100] 1910 Census.
  5. [S80] 1930 Census.

Clara Daisy Sanford1,2

F, b. 22 June 1866, d. 14 February 1945
     Clara Daisy Sanford was born on 22 June 1866 at Homer, Cortland, New York.3,4,5 She was the daughter of Heman Howes Sanford and Emily J. Taylor.1 Clara Daisy Sanford married Elmer Kirk Fisher, son of William R. Fisher and Lydia Jane Kirk, on 14 June 1894 at Syracuse, Onondaga, New York.3,5 Clara Daisy Sanford died on 14 February 1945 at Riverside, California, at age 78.6
     She appeared on the census of 12 June 1900 at Household 170-175, Medina, Montville, Ohio; Fisher, Elmer, Sep 1866, 33, m 6 yr, OH OH OH, Farmer
Clara, wife, Jun 1866, 33, m6 yr, mo 2-2 living, NY NY NY
Myrtle, dau., July 1895, 4, OH OH NY
Herman, son, Sep 1897, 2, OH OH NY.3 She appeared on the census of 16 April 1910 at Burbank, Los Angeles, California; Fisher, Elmer, head, 43, m1, 15 yr, OH OH OH, Clergyman mission
Clara, wife, 36, m1, 15 yr, NY NY NY
Marie, dau., 14, OH OH NY
Herman, 12, OH OH NY
Ruth, 7, OH OH NY
Dwight, 4, CA OH NY
Sanford, Emily, mother-in-law, 72?, Wid, NY NY MA.2 She appeared on the census of 19 April 1930 at 1142 Appleton St., Household 331-881, Long Beach, Los Angeles, California; Fisher, Clara S., 63, Wid., NY NY NY, No occupation.7

Children of Clara Daisy Sanford and Elmer Kirk Fisher

Citations

  1. [S84] 1880 Census.
  2. [S100] 1910 Census.
  3. [S24] 1900 Census.
  4. [S139] Unknown name of person, California Death Index.
  5. [S145] Unknown compiler.
  6. [S139] Unknown name of person, California Death Index, California Death Index, 1940-1997 Record
    about CLARA S FISHER
    Name: FISHER, CLARA S
    Social Security #: 0
    Sex: FEMALE
    Birth Date: 22 Jun 1866
    Birthplace: NEW YORK
    Death Date: 14 Feb 1945
    Death Place: RIVERSIDE
    Mother's Maiden Name: HOWE
    Father's Surname: SANFORD.

  7. [S80] 1930 Census.

James Coffey

M

Child of James Coffey

May Taylor

F

Alice Livonia Carpenter1

F, b. 31 July 1861, d. 12 August 1941
     Alice Livonia Carpenter was born on 31 July 1861 at Pompey, Onondaga, New York.2,1 She married William John Sanford, son of Heman Howes Sanford and Emily J. Taylor, on 1 January 1890 at Syracuse, Onondaga, New York.2,1,3 Alice Livonia Carpenter died on 12 August 1941 at Orange, California, at age 80.4

Children of Alice Livonia Carpenter and William John Sanford

Citations

  1. [S5] The Church of Jesus Christ of Latter-day Saints, Ancestral File (R).
  2. [S24] 1900 Census.
  3. [S188] Sanford Genealogy - Heman Howes Sanford The Branch of William of Madison, New York, online http://worldconnect.rootsweb.com/cgi-bin/igm.cgi
  4. [S139] Unknown name of person, California Death Index, SANFORD, ALICE L 12 Aug 1941 ORANGE FEMALE 31 Jul 1861 NEW YORK.

Laurel Frances Sanford1

F, b. 23 July 1891, d. 5 April 1966
     Laurel Frances Sanford was born on 23 July 1891 at Syracuse, Onondaga, New York.2,3 She was the daughter of William John Sanford and Alice Livonia Carpenter. Laurel Frances Sanford married Franklin P. Steed, son of (?) Snyder, circa 1918.1 Laurel Frances Sanford died on 5 April 1966 at Los Angeles, Los Angeles, California, at age 74.4
     Laurel Frances Sanford was also known as Laura Frances Sanford.2 She appeared on the census of 13 January 1920 at Household 43-44, Burbank Township, Glendale, Los Angeles, California; Franklin P. Steed, 28, KS UNK UNK, Accountant public
Laurel S. Steed, wife, 28, NY NY NY.5 She appeared on the census of 11 April 1930 at Household, Los Angeles, Los Angeles, California; Steed, Franklin, 39, 25 at mar., KS NC KS, Accountant Realty Office
Lauril, 38, 24 at mar., NY NY NY
Miriam, 10, CA KS NY.6

Child of Laurel Frances Sanford and Franklin P. Steed

Citations

  1. [S140] Steed vs Hudson, Estate of Hudson (1958) 158 CA2d 385 [Civ. 9261 Third Dist Mar., 13, 1958]

    Estate of RUTH SANFORD HUDSON, Deceased. LAUREL F. STEED, Respondent, v. KENNETH F. HUDSON, Appellant.

    COUNSEL

    Ralph V. Devoto for Respondent.

    Files & McMurchie for Appellant.

    OPINION

    VAN DYKE, P. J.

    This is an appeal from a decree determining heirship in the estate of Ruth Sanford Hudson, deceased.

    It was stipulated and found by the trial court as follows: That Ruth and Frank Hudson died in a common accident and that there was no sufficient evidence that they died otherwise than simultaneously; that Ruth left a last will and testament bequeathing all of her estate to Frank; that the will contained no disposition of her estate in the event that Frank should predecease her and that, therefore, Ruth died intestate; that appellant herein, Kenneth F. Hudson, was the only child of Frank; that Ruth left no issue; that Ruth's sister, respondent herein, and three nieces were her heirs; that all property, both real and personal, owned by Ruth and Frank, or either of them, at the time of their deaths was community property, excepting some items of personal property separately owned by Ruth.

    [1] Ruth was the insured and Frank was the beneficiary in three policies of life insurance, the proceeds of which were paid into the estate of Ruth. The trial court distributed the money to the sister and nieces of Ruth. Under applicable code sections the money should have been distributed to appellant. (Estate of Wedemeyer, 109 Cal.App.2d 67 [240 P.2d 8].) Section 296.3 of the Probate Code, being one of the sections in the Uniform Simultaneous Death Act as now codified (Prob. Code, §§ 296-296.8), declares that: "Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously the proceeds of the policy shall be distributed as if the insured had survived the beneficiary." Therefore, it must be taken that Ruth survived Frank. The choses in action represented by the policy belonged to the community during the life of Ruth and Frank and upon the assumed prior death of Frank, Ruth took them under section 201 of the Probate Code, which provides that: "Upon the death of either husband or wife, one- half of the community property belongs to the surviving spouse; the other half is subject to the testamentary disposition of the decedent, and in the absence thereof goes to the surviving spouse, ..." But section 228 of the Probate Code, which becomes applicable herein under the ruling in the Wedemeyer case, provides: "If the decedent leaves neither spouse nor issue, and the estate, or any portion thereof was community property of the decedent and a previously deceased spouse, and belonged or went to the decedent by virtue of its community character on the death of such spouse, ... such property goes in equal shares to the children of the deceased spouse ...." It was therefore error to distribute any part of the proceeds of the three policies to the collateral heirs of Ruth. The distribution should have been made wholly to Kenneth, sole issue of Frank.

    [2] Although certain parcels of real property were held in joint tenancy form it was stipulated and found that they were in fact community property. Therefore Probate Code, section 296.4, governs the devolution of the property so held along with all the other community property. That section reads as follows: "Where a husband and wife have died, leaving community property and there is no sufficient evidence that they have died otherwise than simultaneously, one-half of all the community property shall be administered upon, distributed, or otherwise dealt with, as if the husband had survived and as if said one-half were his separate property and the other one-half thereof shall be administered upon, distributed, or otherwise dealt with, as if the wife had survived and as if said other one-half were her separate property, except as provided in Section 296.3." With respect to the community property other than the three life insurance policies a one-half interest was inventoried in the estate of Ruth. All the community property so inventoried was distributed to the collateral heirs of Ruth. This was error. [3] In the Estate of Wedemeyer, supra, it was held that when the spouses died under circumstances making applicable the Uniform Simultaneous Death Act, the one- half to be distributed under section 296.4 out of each estate must be distributed as if the other spouse died first and must be ultimately distributed under section 228, if the facts make that section applicable. Therefore, under the rule in the Estate of Wedemeyer, and in view of the fact that Frank left issue and Ruth left none, the community property inventoried in Ruth's estate ought to have been distributed to Kenneth, the son of Frank.

    Respondent contends, and it was evidently the view of the trial court, that because of certain amendments made to section 296.4, after the decision in Estate of Wedemeyer, supra, the rule announced and followed in that case with regard to the ultimate distribution of community property no longer applies. We shall quote the section as amended, with the amendments italicized:

    "Where a husband and a wife have died, leaving community property and there is no sufficient evidence that they have died otherwise than simultaneously, one-half of all of the community property shall be administered upon, distributed, or otherwise dealt with, as if the husband had survived and as if said one-half were his separate property and the other one-half thereof shall be administered upon, distributed, or otherwise dealt with, as if the wife had survived and as if said other one-half were her separate property, except as provided in Section 296.3."

    [4] Concerning these changes in section 296.4 appellant places emphasis upon the added words "as if said other one-half were her [his] separate property." We cannot attach the meaning to the added words which respondent ascribes to them. When the community is dissolved by death, the community status of the property disappears with the community and the title cast upon the surviving spouse is that of separate property. [5] We do not agree with the statement in Estate of Wedemeyer, supra, to the general effect that the Uniform Simultaneous Death Act provisions are not statutes of succession. We think they are. But though they are statutes of succession that does not mean that in a proper case the ultimate disposition under them may not be affected and changed by the provisions of the older statutes of succession, such as, in respect of community property devolution, section 228 of the Probate Code. [6] Section 296.4 in respect to one-half of the community property assumes the survival of the husband and as to the other half assumes the survival of the wife and casts title on the husband and wife in accordance with those assumptions. The title so cast is to be dealt with as if it were the separate property of the assumed survivor. However, that affords no reason for a holding that section 228 of the Probate Code does not then become applicable. That section recognizes the separate nature of the title cast by death, considers the source of that title and declares succession accordingly. The result is that, notwithstanding the additional language put into section 296.4 by the amendment of 1951, the ultimate devolution of title in a proper case is governed by section 228. (Estate of Wedemeyer, supra.)

    [7] Respondent, seeking to uphold the decree, attaches much significance to the fact that the trial court in the special proceeding afforded by sections 296.41 and 296.42 made a finding based upon a stipulation of facts that the deaths were in this case simultaneous. From that premise he argues that, having died simultaneously, the provisions of sections 296.3 and 296.4 have really no application because if the spouses died simultaneously, neither surviving the other, then neither could inherit from the other; no property, therefore, would have passed to Ruth under section 201 of the Probate Code, with the result that section 228 of that code could have no application. These arguments mistake the purpose and the scope of the procedural sections. Section 296.41 provides in part that:

    "When it is claimed that, in accordance with the provisions of this chapter, any persons have died under circumstances where there is no sufficient evidence that they have died otherwise than simultaneously, the executor or administrator of any such person may file a petition, in the proceeding where he received his appointment, seeking to have it determined that such persons died under circumstances where there is no sufficient evidence that they died otherwise than simultaneously."

    The section provides for notice and hearing; and section 296.42 provides:

    "... [I]f, after a full hearing, the court is satisfied that the named persons are dead and that there is no sufficient evidence that they died other than simultaneously, it shall make an order to that effect. If the court is satisfied that the named persons are dead and that they did not die simultaneously then the court shall make an order setting forth the order in which such persons died."

    The purpose and the whole scope of the procedural section is to determine when the other provisions of the Uniform Simultaneous Death Act apply. Those proceedings apply when people have died under such circumstances that there is no sufficient evidence that they died other than simultaneously. Therefore the court, responsive to the petition, can determine whether such circumstances existed and having so determined may make its decree accordingly. In this case it did so decree. The added portion of the decree that they in fact died simultaneously is outside the issues tendered and beyond the scope and the intent of the statute. It does not prevent the full application of the dispositive sections of the act.

    The decree, insofar as it distributes to the collateral heirs of Ruth the proceeds of the life insurance policies and the community property which the spouses possessed, is reversed with instructions to the trial court to enter a decree distributing the same to appellant herein. In all other respects the decree is affirmed.

    Peek, J., and Schottky, J., concurred.
  2. [S5] The Church of Jesus Christ of Latter-day Saints, Ancestral File (R).
  3. [S139] Unknown name of person, California Death Index.
  4. [S139] Unknown name of person, California Death Index, STEED, LAUREL F 5 Apr 1966 LOS ANGELES FEMALE 23 Jul 1891 NEW YORK CARPENTE.
  5. [S78] 1920 Census.
  6. [S80] 1930 Census.
  7. [S141] Unknown name of person, unknown record type, Record Judith M Steed 20 Mar 1920 Female Sanford Los Angeles (unknown file date).

Mabel Jean Sanford1

F, b. 15 October 1892, d. 1 January 1947
     Mabel Jean Sanford was born on 15 October 1892 at Syracuse, Onondaga, New York.1 She was the daughter of William John Sanford and Alice Livonia Carpenter. Mabel Jean Sanford married John Doyle Gallagher circa 1918.2 Mabel Jean Sanford died on 1 January 1947 at Sacramento, Sacramento, California, at age 54.3

Children of Mabel Jean Sanford and John Doyle Gallagher

Citations

  1. [S5] The Church of Jesus Christ of Latter-day Saints, Ancestral File (R).
  2. [S78] 1920 Census.
  3. [S139] Unknown name of person, California Death Index, GALLAGHER JEANE SANFORD 10/15/1892 CARPENTER SANFORD F NEW YORK SACRAMENTO 01/01/1947 54 yrs.
  4. [S139] Unknown name of person, California Death Index, GALLAGHER, JEANE SANFORD
    Social Security #: 0
    Sex: FEMALE
    Birth Date: 4 Mar 1920
    Birthplace: CALIFORNIA
    Death Date: 29 May 1950
    Death Place: SACRAMENTO
    Mother's Maiden Name: SANFORD
    Father's Surname: GALLAGHER.
  5. [S141] Unknown name of person, unknown record type, Joy F Gallagher Birth Date: 7 Nov 1921 Gender: Female Mother's Maiden Name: Sanford Birth County: Alameda (unknown file date).

Mary E. Taylor

F, b. 9 June 1874, d. 22 June 1878
     Mary E. Taylor was born on 9 June 1874.1 She was the daughter of Alfred Taylor and Eliza A. White. Mary E. Taylor died on 22 June 1878 at age 4.2,1

Citations

  1. [S144] Kim unknown.
  2. [S143] Mary Gilbert-Hall, Aug 2005.

Frederick William Sanford1

M, b. 23 February 1895, d. 30 April 1949
     Frederick William Sanford was born on 23 February 1895 at Syracuse, Onondaga, New York.1,2 He was the son of William John Sanford and Alice Livonia Carpenter. Frederick William Sanford married Cecila Ortel, daughter of Charles J. Ortel, circa 1925.3 Frederick William Sanford died on 30 April 1949 at Los Angeles, Los Angeles, California, at age 54.4
     He began military service in 1917 at WWI Registration Frederick William Sanford, 117 N. Maryland Ave., Glendale, Cal. Born Feb. 23, 1895 in Syracuse NY. Occupation: Bookkeeper, R. L. Hinckley Co., Glendale Cal., single, Partially supportiing home. Build Tall, Brown eyes, light complexion.2 He appeared on the census of 5 April 1930 at 1440 Cypress Avenue, Household 120-121, Santa Ana, Orange, California; Sanford, Fredric W., 35, m 30 at mar., NY NY NY, Secretary manager building exchange
Cecila O., wife, 33, 28 at mar, MA Austria Alacei Lorraine
Dorothy J., daughter, 3 5/12, CA NY MA
Ortel, Charles, J. Father in law, 58, mar, 21 at 1st mar. Austria Austria Austria.3

Children of Frederick William Sanford and Cecila Ortel

Citations

  1. [S139] Unknown name of person, California Death Index.
  2. [S114] WWI Draft Records.
  3. [S80] 1930 Census.
  4. [S139] Unknown name of person, California Death Index, SANFORD, FREDERIC WILLIAM 30 Apr 1949 LOS ANGELES MALE 23 Feb 1895 NEW YORK CARPENTER.
  5. [S141] Unknown name of person, unknown record type, Name: Laurel Joan Sanford
    Birth Date: 23 Jun 1930
    Gender: Female
    Mother's Maiden Name: Ortel
    Birth County: Orange
    (unknown file date).

Ruth R. Sanford

F, b. 11 April 1897, d. 5 November 1954
     Ruth R. Sanford was born on 11 April 1897 at New York.1 She was the daughter of William John Sanford and Alice Livonia Carpenter. Ruth R. Sanford married Frank H. Hudson after April 1930.1 Ruth R. Sanford died on 5 November 1954 at California at age 57.2

Citations

  1. [S139] Unknown name of person, California Death Index.
  2. [S139] Unknown name of person, California Death Index, HUDSON, RUTH SANFORD 5 Nov 1954 LAKE FEMALE 11 Apr 1897 NEW YORK CARPENTER.

Alford Taylor Sanford1

M, b. 27 May 1858, d. June 1879
     Alford Taylor Sanford was born on 27 May 1858 at Hamilton, Madison, New York.1 He was the son of Heman Howes Sanford and Emily J. Taylor. Alford Taylor Sanford died in June 1879 at Syracuse, Onondaga, New York, at age 21.1

Citations

  1. [S5] The Church of Jesus Christ of Latter-day Saints, Ancestral File (R).

Timothy Taylor

M

Child of Timothy Taylor and Rosannah Tanner

Rosannah Tanner

F

Child of Rosannah Tanner and Timothy Taylor

Elizabeth (?)1

F, b. circa 1831
     Elizabeth (?) was born circa 1831.1 She married Amos M. Scranton, son of Lyman Scranton and Matilda Marks, circa 1858.1

Child of Elizabeth (?) and Amos M. Scranton

Citations

  1. [S87] 1860 Census.
  2. [S124] Will: Lyman's will gives "one portion to daughter of Amos M. Scranton."