Estate of Plaut

Louis Plaut died testate at the age of 80 years. Surviving him were a daughter, his only heir at law, and her son and daughter. Two months before his death he added a codicil to his will giving his nurse, respondent herein, $15,000. After the admission to probate of the will and codicil, testator's granddaughter filed a petition praying that the probate of the codicil be revoked on the ground of undue influence. The probate court sustained respondent's demurrer to the petition on the ground that petitioner was not an interested person within the meaning of section 380 of the Probate Code and was therefore not entitled to contest the codicil. The petition was dismissed and petitioner appeals.

[1] Only an interested person may contest a will, either before or after probate. (Prob. Code, 370, 380.) It is settled that an interested person is one who has "such an interest as may be impaired or defeated by the probate of the will, or benefited by setting it aside" (Estate of Land, 166 Cal. 538 [ 137 P. 246 ]; see 26 Cal.Jur. 1081); and that the court may require proof of the contestant's interest before proceeding with the trial of the contest. (Estate of Edelman, 148 Cal.…