Stevens

This is a petition for an appropriate writ in a controversy involving the propriety of the trial court’s rulings in striking a proposed narrative statement, and in purporting to amend the decree involved after an appeal had been taken from it.

Ernest Torregano died testate in January of 1954. His will contains three provisions that are here relevant. The first of these is the second paragraph which provides:

The thirteenth paragraph of the will provides:

By the fourteenth paragraph of the will the residue of the estate was devised to the brother of the deceased, Alfred Torregano, if he should survive the testator, and if not, then to his brother’s wife and to the testator’s nieces.

The Bank of America has been appointed executor of this will.

In January of 1957, the petitioner, Gladys Torregano Stevens, filed a petition seeking a determination that she is the daughter and pretermitted heir of Ernest Torregano. This petition alleges, in substance, that petitioner is the daughter of the testator, that she was unintentionally omitted from the will, and that she is a pretermitted heir under section 1080 of the Probate Code. Alfred Torregano, as the real party in interest, in due…