Lockwood v. LeSure

—This is an appeal from a judgment denying probate to a will of Eva J. LeSure, deceased, as a lost or destroyed will and an attempted appeal from an order denying a motion for a new trial.

The procedural background of the action is as follows: On November 18, 1935, L. C. LeSure, the surviving husband of the above-mentioned deceased, filed a petition in the superior court alleging that Eva J. LeSure died intestate on November 11, 1935, leaving an estate in San Diego County which consisted of both real and personal property and praying for the appointment of petitioner’s nominee, Iver Gellein,…