In re the Estate of Kealiiahonui

*2Opinion op the Court,, by

Biokerton, J.

This matter comes here on an appeal from the decision o£ Mr. Justice Dole overruling the demurrer and plea filed herein by A. A. Haalelea on behalf of the devisees under the will of Kealiiahonui. The decision appealed from is as follows;

The petition is based upon alleged newly discovered evidence of fraud and forgery. The petitioner is Junius Kaae,. who filed a similar petition in this Court in 1890, to which a former application for revocation by Kapiolani (w.) and others and a judgment dismissing it were pleaded in bar,, which plea in bar was sustained…