Martindale v. Superior Court

Opinion

McCOMB, J.

Petitioner seeks a writ of mandate to compel respondent

court to set aside its order denying her motion to dismiss a petition for revocation of probate of a purported will and codicils for failure to bring the matter to trial within two years (Code Civ. Proc., § 583).

Facts: In 1943, at the age of 65, Lucy May Wygant (hereinafter referred to as “decedent”) became a resident of what is now known as Kingsley Manor, the Methodist Church’s senior citizens residence in Los Angeles. In 1951, Charles H. Martindale and Olive M. Martindale, hus band and wife, and petitioner (then known…