Gray v. Security-First National Bank

WILSON, J., assigned.

This is a proceeding to contest the last will of decedent, Odette Gray, who declared in her will that 22 years previously her husband had deserted her and their son, then 8 months of age, and that she had not heard from him in any manner thereafter.

A petition for the probate of the will was filed by the executor in 1944. Upon a hearing the petition was denied for the reason, as found by the court, that the executor had not made out a prima facie case. One of the heirs and devisees named in the will appealed from the order. The District Court of Appeal held that a prima…