Estate of Mahoney

The contestants appeal from the judgment and orders of the trial court admitting a foreign will to probate; appointing Citizens Trust and Savings Bank administrator with the will annexed; denying the contest of Joseph P. Mahoney, and overruling his objections to probate of said foreign will.

On May 28, 1926, respondent Citizens Trust and Savings Bank, a corporation, of Los Angeles, at the request of the executors, filed its petition for letters of administration with the will annexed, together with a copy of the will and an order admitting the same to probate in Dallas County, Texas, duly authenticated, as required by the provisions of section 1323 of the Code of Civil Procedure. On September 13, 1926, Joseph P. Mahoney, the surviving husband of the decedent, filed his amended special appearance for the purpose of objecting to the court’s jurisdiction, and to the right of petitioner Citizens Trust and Savings Bank to letters of administration with the will annexed, and alleging that Joseph P. Mahoney and decedent, Nonie Boren Mahoney, were husband and wife at the time of her death, and that they were domiciled in Chicago, Illinois; further alleging that on the thirty-first day of…