Jay

This is a proceeding in certiorari to review an order of respondent court granting the motion of real parties in interest to dismiss petitioner’s will contest. The question presented is whether petitioner is a person “interested” within the meaning of Probate Code section 370, and has standing to maintain the contest.

On January 23, 1970, a petition for probate of will of William S. Schwartz was filed in respondent court by real parties in interest, Bank of America National Trust and Savings Association and Evalyn Adele Schwartz, the widow of the decedent. Said petition alleged the death of William S. Schwartz on or about January 15, 1970, that the deceased left property of an estimated value of $2,455,500, and that decedent left a will dated September 19, 1969, including a First Codicil thereto dated October 10, 1969, and a Second Codicil thereto dated December 23, 1969. The original will and the First Codicil named as co-executors the Bank of America National Trust and Savings Association and petitioner, Edward Jay. The Second Codicil expressly revoked this provision and substituted the following: “I nominate The Bank of America National Trust and Savings Association…