In re the Probate of the Last Will & Testament of Nelson

Sawyer, S.

This is a motion to dismiss objections filed by Stella Sherwood, a legatee, to the probate of the will of decedent, Arrominta M. Helson.

The facts, as conceded by all parties, are as follows :■

By the will offered for probate, Stella Sherwood, the objectant, is bequeathed the sum of $100. She has no other in*479terest under the will. She is not an heir at 'law or next of kin of the decedent nor does she claim that she is entitled to take as a devisee or legatee under any other will or codicil of the said decedent.

Section 2617 of the Code of Civil Procedure, as enacted September 1, 1914,…