Estate of Palmieri

This is an appeal from an order dismissing a petition praying for the revocation of the probate of an alleged will and codicils thereto of Adelina Palmieri, deceased. The alleged will and codicils were admitted to probate by an order made and entered on March 21, 1929. Thereafter on August 14, 1929, section 1327 of the Code of Civil Procedure was amended so as to shorten the time within which such a petition could be filed from one year to six months after the admission of a will to probate. The petition herein was filed more than six months but less than one year after March 21, 1929.

Respondents herein interposed demurrers to the petition on the grounds (1) that since the petition was filed over six months after the will was admitted to probate the court had no jurisdiction, and (2) that the petition stated no sufficient grounds for the revocation of the will and codicils.

The order appealed from reads, so far as here material: “ ... it is hereby ordered that said demurrers be sustained upon the ground that said petition was not filed within the time allowed by law, to-wit within six months from the time said will was admitted, to probate, and that the court is without…