Estate of Mahony

The contestant appeals from a judgment, order, and decree overruling her objection to the admission to probate of the foreign will of the deceased and admitting the same to probate and appointing the petitioner administrator of the estate with the will annexed.

The sufficiency of the proofs of the foreign probate is the sole question presented on this appeal. The petitioner produced and offered in evidence the duly authenticated copy of the record of the probate of the will of Ellen Mahony, in the High Court of Justice (probate), the District Registry at Kilkenny, containing a copy of the will and the order or decree admitting the same to probate as required by the provisions of section 1323 of the Code of Civil Procedure. Appellant in her written opposition to the probate of the document controverted the jurisdiction of the Irish court to admit the will to probate, and now calls attention to the fact that section 456 of the Code of Civil Procedure provides in that event that “the party pleading must establish on the trial the facts conferring jurisdiction.” In support of this position appellant cites the case of Wickersham v. Johnston, 104 Cal. 407 [ 38 Pac. 101 ], as authority…