Appeal from Third Judicial District Court, Lander County; Peter Breen, Judge.
Frank Curran and L. B. Fowler, for Appellant.
Callahan & Brandon, for Respondent.
By the Court, McCarran, C. J.:
To the marriage of Albert Kattenhorn and Lulu Kattenhorn there was no issue. Albert Kattenhorn died intestate; Lulu Kattenhorn survives. The district court in the probate proceedings found that the property of which Albert Kattenhorn died possessed was in its
nature community. Lulu Kattenhorn, respondent here, contended in the district court, and that court sustained her contention, that she was entitled to a distribution of the entire estate of her deceased husband. Annie F. Kattenhorn, mother of the deceased, contended that as such she was entitled to have an interest in the estate of her deceased son distributed to her. By decree of the district court the entire estate was ordered distributed to Lulu Kattenhorn, the widow. From this decree the mother of the deceased appeals to this court.
Nothing appears in the record from which we would be required to disturb the finding of the trial court as to the nature and character of the property left by the deceased Kattenhorn.
One question, and one only, comes to this court for determination on appeal. In this is involved the interpretation of the force and effect of an amendatory statute enacted by the legislature of 1915, entitled:
An act to amend an act entitled An act to amend section 1 of an act entitled An act to regulate the settlement of the estates of deceased persons, approved March 23, 1897, and as amended and approved March 16, 1899, approved March 6, 1901,' and as amended March 11, 1913.
The amendatory act, in so far as its effect in the case at bar is concerned, is as follows:
Section 1. Section 259 of the above-entitled act is hereby amended so as to read as follows:
Section 259. When any person having title to any estate, not otherwise limited by marriage contract, shall die intestate as to such estate, it shall descent and be distributed, subject to the payment of his or her debts, in the following manner:
FirstIf there be a surviving husband or wife, and only one child, or the lawful issue of one child, one-half to the surviving husband or wife, and one-half to such child or issue of such child. If there be a surviving husband or wife and more than one child ...