Flanigan

The defendants moved the court to dismiss the complaint on the grounds: (1) That the complaint failed to state a cause of action. (2) Without leave to amend, for the reason that the complaint could not be amended in view of the facts stated, and (3) That the court lacks jurisdiction because no controversy is pending.

This action is a contest over property left by the decedent, Georgia Anna Hebert. Some dates set forth in the complaint are important and will assist in clarifying the problem if set forth in- order. They are as follows:

December 16, 1889. Georgia Anna An-son married Henry H. Hebert in Phillips County, Kansas.

February 2, 1907. Georgia Anna and Henry H. Hebert were domiciled in the City of Spokane, State of Washington, and in the Superior Court of that state adopted Howard Hugh Hebert. The legality of the adoption is not questioned.

September 25, 1919. Georgia Anna Hebert executed her last will and testament, and bequeathed to her adopted son five dollars.

September 29, 1919. Georgia Anna Hebert and Henry H. Hebert were divorced, and a few years thereafter, date not specified, _ Georgia Anna Hebert established her residence in Los Angeles, County of Los Angeles…