Estate of Arbuckle

VALLÉE, J.

Appeal by Stuart N. West from a judgment dismissing a proceeding instituted by him to revoke the probate of a will. The contest was dismissed on the ground that West was not an interested person entitled to contest the will under Probate Code, section 380.

West, not an heir at law of decedent, bases his right to contest the will on the ground he is the principal beneficiary under a prior will and codicil, executed by Pearl P. Arbuckle, decedent, which will, together with the codicil, was destroyed. in 1943 or 1944, during decedent’s lifetime, without her knowledge or consent.

Mrs.…