In Re Estate of Simmons
California Supreme Court
The facts are stated in the opinion of the court. H. P. Andrews, and Pemberton & Pemberton, for Appellant.
1Opinion of the CourtSloss, J.
On the fifth day of February, 1912, two papers were admitted to probate as the last will of Phillip Simmons, deceased, and a codicil thereto. On the third day of October, 1912, Nellie L. Wertner, claiming to be an heir at law of the decedent, filed a contest and petition for revocation of probate. No application for the issuance of a citation was made, and no citation was ever issued.
On February 18, 1913, Permelia L. West, one of the residuary legatees named in the will, served upon the contestant a notice that she would move for a dismissal of the contest and petition for revocation on the…
2Cases cited12 opinions
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