Somers v. Bank of America

Following the filing of a petition for the probate of an alleged last will of the decedent, his widow, the appellant, filed a contest before probate under Probate Code, section 370. Issue having been joined by the filing of answers, the contest on May 13, 1947, was set for trial on June 10, 1947. On June 2, 1947, respondents served a notice on appellant’s counsel that her contest was set for trial on June 10. On the morning of June 10, appellant made a motion for continuance of the trial of the contest to a later date, which was denied. Thereupon, a jury was impaneled and the further hearing…