Swaithes v. Superior Court

Opinion

KLEIN, P. J.

By means of petition for writ of mandate, petitioners, 6 contestants in a will contest, are seeking an early trial setting under the provisions of Code of Civil Procedure section 36, subdivisions (a) and (e) 1 which provide for trial within 120 days after the granting of a motion for trial preference by any party who has reached the age of 70 years.

We are asked to determine whether these provisions are applicable in a will contest in the probate court. We hold the general rules of practice on procedural matters are applicable in probate proceedings unless the Probate Code…