Swift v. Superior Court

Petitioners seek a writ of prohibition to restrain the Superior Court of the City and County of San Francisco, sitting without a jury, from taking any further proceedings with regard to the issues raised by their petition for probate of a “lost or destroyed will” and the answers filed thereto. They contend that the record presents a contest of the alleged will, entitling them to a jury trial of the issues so framed. We conclude from an analysis of the applicable law that their position is sustained.

On March 21, 1951, petitioners filed a petition for the probate of an alleged fraudulently…