Nelson v. Miller

Olof Zetterlund died in Los Angeles. County, California, on August 21, 1945. On-August 30, 1945, a petition to probate the deceased’s will, bearing the date of June 9, 1937, was filed in the probate court for the-State of Florida by Ellen W. Burdet. On. August 31, 1945, appellees in this appeal, Dora Miller and Harold M. Davidson, filed a petition in the Superior Court of the State of California to probate an alleged codicil to the will which on its face appeared to have been executed by decedent on August 3, 1945. In that instrument appellees were named as co-executors of the will and codicil. On September 6 of the same year, James Q. Burdet filed a second probate petition in the Florida court. The will, without the codicil, was admitted to probate in-Florida on September 6, 1945, and S-amuel'. Nelson, appellant here, together with Nelson Ericson and Arvid Ericson, petitioned the Florida court for appointment as executors of the will.

On September 28, 1945, the California-court admitted the codicil, with the will attached, to probate and appointed a-ppellees. as co-executors. Appellees, on October 2,. 1945, filed a petition in the Florida court praying for revocation of the…