Scott

This is a proceeding in prohibition instituted to restrain the court having jurisdiction of the estate of Leon Morrison, deceased, from entertaining any proceedings upon a petition filed on January 7, 1927, to revoke an order made August 14, 1923, admitting to probate an instrument purporting to be the last will of the decedent. The applicant for the writ contends that the petition for revocation was filed too late, and that consequently the court is without jurisdiction to entertain it.

Leon Morrison died on June 20, 1921, and after a contest by the state of California, an instrument dated January 12, 1921, purporting to be the will of the decedent, was admitted to probate. An appeal from the order was then taken by the state, resulting in an affirmance by the Supreme Court on January 15, 1926, evidenced by the remittitur filed February 17, 1926. (Estate of Morrison, 198 Cal. 1 [ 242 Pac. 939 ].) Under the instrument in dispute the petitioner, Maud Scott, was named as sole legatee and devisee.

On January 7, 1927, a petition to revoke probate was filed by alleged sisters and nieces of the deceased. Citation was issued on that day, directing Albert E. Hill, administrator of the…