Patterson

In this proceeding, the essential facts are that, following the filing in the superior court of a petition for the probate of a will, a contest of such will was filed. Thereupon a hearing of the said petition and the said contest were set for hearing on the same date; at which time, and continuing thereafter for a space of two days, evidence was received in support of “proof of the will”. Thereafter, intermittently for a period of two weeks next ensuing, evidence was introduced by the contestants relative to the issue tendered by their said contest. Whereupon, the contestants having rested their case, on motion of the proponents of the will the court granted an order of nonsuit of the contest. Five days thereafter, a second contest was filed by another contestant, and two days after such second contest was filed, and while it was still pending and undetermined, the court made an order by which the will was admitted to probate. Thereafter, each of two successive demurrers to the second contest was overruled. Likewise each of two successive motions to strike the second contest from the files, also each of several motions to dismiss and vacate the said second contest, and a motion to…