Richards

This is an action on a claim reduced to judgment against an executor in the probate court in Minnesota, the testator’s domicile, and rejected by the ancillary administrator with the will annexed in this state.

Judgment was for plaintiff, and defendants and interveners appeal from the judgment and from an order denying their motion for a new trial.

William K. Blaisdell died testate in the state of Minnesota, being a resident of that state at the time of his death. He left estate in Minnesota and also in California, that in the latter state consisting of real property only. Letters testamentary on his will were issued by the probate court of the state of Minnesota to the person named as executor therein. Thereafter letters of administration, with the will annexed, on his estate were granted to the defendant, Robert P. Blaisdell in the state of California. Plaintiff presented his claim to the executor in Minnesota, who refused to approve or allow the same, whereupon the matter of such allowance and the exceptions of the executor to the claim were heard before the probate court having jurisdiction of the estate, and an order of allowance made by that court. This order, under the…