In Re Estate of Dean
California Supreme Court
APPEALS from a judgment of the Superior Court of Merced County dismissing a proceeding to revoke the probate of a will and from an order refusing to vacate the judgment and to grant a new trial. E. N. Rector, Judge. The facts are stated in the opinion of the court. James T. Boyd, A. N. Salisbury, E. D. McCabe, B. F. Fowler, and J. W. Knox, for Appellants.
1Opinion of the CourtAngellotti, J.
These are two separate appeals, on one transcript, the first taken April 11, 1905, from an order or judgment of dismissal (made February 11, 1905), of certain proceedings instituted for the revocation of the probate of a document purporting to be the last will of deceased, and the second, taken June 6, 1905, from an order refusing to vacate said order or judgment and grant a new trial (made May 29, 1905). The dismissal was granted on motion of the defendants upon the ground that the plaintiffs failed to appear on the trial. The appellants are all of the twenty-three contestants, except one,…
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