I concur.
The cases of Levy v. Louisiana, 391 U.S. 68 [20 L.Ed.2d 436, 88 S.Ct. 1509] and Glona v. American Guar. & L. Ins. Co., 391 U.S. 73 [20 L.Ed. 2d 441, 88 S.Ct. 1515] compel the holding that in wrongful death actions “it is invidious to discriminate against them [illegitimate children] when no action, conduct, or demeanor of theirs is possibly relevant to the harm that was done the mother [natural parent],” (Levy v. Louisiana, 391 U.S. at p. 72 [20 L.Ed.2d at p. 440].) The wrongful death statute1 is strictly a creature of *740legislation (Fuentes v. Tucker, 31 Cal.2d 1, 9 [187 P.2d 752]), and the action must be brought in the names of the persons to whom the right is given by statute. It appears to me to be necessary to define the word “heirs” as used in the wrongful death statute (as distinguished from any reference thereto in the probate field) as including children both legitimate and illegitimate. This is contra to the reasoning in Kunakoff v. Woods, 166 Cal.App.2d 59, 67-68 [332 P.2d 773], where the court said: “Since an heir of a person is one who is entitled to succeed at his death to his estate in case of intestacy by virtue of our statutes relative to succession, and since Manya succeeds to David’s estate by virtue of section 201 of the Probate Code, she is David’s heir. As an heir may bring an action for wrongful death under section 377 of the Code of Civil Procedure, and inasmuch as Manya is an heir, she is entitled to maintain the action.” (See also Jacobs v. Gerecht, 6 Cal.App.3d 808 [86 Cal.Rptr. 217].)
The holding in the instant case should not be construed as modifying the dictates of sections 222, 225, or other possibly affected sections of the Probate Code.
Respondent’s petition for a hearing by the Supreme Court was denied April 29, 1971.
Code Civil Procedure, section 377: “When the death of a person not being a minor, or when the death of a minor person who leaves surviving him either a husband or •wife or child or children or father or mother, is caused by the wrongful act or neglect of another, his heirs, and his dependent parents, if any, who are not heirs, or personal representatives on their behalf may maintain an action for damages against the person causing the death, or in the case of the death of such wrongdoer, against the personal *740representative of such wrongdoer, whether the wrongdoer dies before or after the death of the person injured. If any other person is responsible for any such wrongful act or neglect, the action may also be maintained against such other person, or in case of his death, his personal representatives. In every action under this section, such damages may be given as under all the circumstances of the case, may be just, but shall not include damages recoverable under Section 573 of the Probate Code. The respective rights of the heirs and dependent parents in any award shall be determined by the court. Any action brought by the personal representatives of the decedent pursuant to the provisions of Section 573 of the Probate Code may be joined with an action arising out of the same wrongful act or neglect brought pursuant to the provisions of this section. If an action be brought pursuant to the provisions of this section and a separate • action arising out of the same wrongful act or neglect be brought pursuant to the provisions of Section 573 of the Probate Code, such actions shall be consolidated for trial on the motion of any interested party.”