Estate of Guinasso

This is an appeal from an order admitting to probate the will of Luigi Guinasso, deceased.

The petition for the probate of the alleged will was filed by John W. Bonrdette, and sets forth that the will was destroyed by the great conflagration of April, 1906, which occurred in San Francisco, and also sets forth what purports to be the provisions of the will in haec verba. It is also alleged that the testator at the time of his death believed the will to be in existence, and had no notice or knowledge of its destruction.

Appellants are heirs at law of decedent, and in due time filed a contest of the will. The court made findings in favor of the proponent as to all issues raised by the pleadings, and it is the sufficiency of the evidence to support these findings that is attacked by appellants.

In their opening brief three points were made by appellants: First, that the evidence did not support the finding as’to the due execution of the alleged will; second, that the evidence did not support the finding that decedent had no notice or knowledge of the destruction of the will, and that he believed it to be in existence at the time of his death; and third, that the evidence is…