Estate of Anthony

It appears from the record in this case that Kate Anthony died in the county of San Diego on the first day of January, 1930. Thereafter John L. Haines filed a petition in the superior court praying that letters testamentary be issued to him. Thereafter a hearing upon said petition was had and a certain document purporting to be the last will and testament of Kate Anthony, deceased, was duly admitted to probate in said court and the petitioner was appointed' executor thereof. By the terms of the will decedent bequeathed to Mollie Lyon of San Diego, California, the sum of $5 and the rest, residue and remainder thereof to her sister-in-law Mrs. Sallie 13. Means, of St. Louis, Missouri. The will was executed in due form and attested by two subscribing witnesses. Thereafter Bradley Pearce and Lizzie Pearce filed a petition under the provisions of section 1327 of the Code of Civil Procedure, which was then in effect, praying that the probate of the will theretofore granted be vacated and set aside. The second amended contest and petition to revoke the probate of the will contains two grounds of contest. To this petition proponent demurred, both to the petition in its entirety and to…