Estate of Edwardson
Opinion
Opinion
This is an appeal by the beneficiary of an alleged last will from a judgment determining that decedent died intestate and denying probate of the will.
On February 17, 1959, a petition for the probate of a lost will and the issuance of letters of administration with the will annexed or in the alternative for letters of administration was filed by John Baker. Among other things he alleged in the petition that:
"That Verna McBride and Edwin H. McBride are named as Executor and alternate; that both are deceased. That decedent left no heirs. That petitioner is a friend and her guardian; that the public administrator has declined to act and there are no creditors of the estate. That John E. Baker, petitioner, consents to act."
It was further set forth that the "Mother Church, First Church, Christ Scientist, Boston, Massachusetts" (hereinafter referred to as either appellant or the Church) is the devisee and legatee named in the will.
On March 6, 1959, a hearing was had on the petition and the purported lost will was denied probate. The petitioner was appointed the administrator of said estate and letters were ordered to issue upon petitioner giving a bond in a stated…