Carpenter v. Superior Court of San Joaquin Cty.

Hayne, C.

Demurrer to a petition for a writ of certiorari. The facts shown by the petition are substantially as follows: —

A document purporting to be the will of Charles W. Carpenter, deceased, was admitted to probate, and letters testamentary were issued to the executor named therein. Subsequently, and within the year, the petitioners commenced proceedings to contest the validity of the will. A trial was had; the jury found against the validity of the will, and the court entered judgment accordingly. A motion for a new trial was made and denied. After all this had occurred, certain minors,…