Fletcher

The facts upon which this application is based are as follows: A writing, purporting to be the last will and testament of Maria De Cambra, deceased, was admitted to probate in the Superior Court of the County of Sacramento on the twenty-eighth day of August, 1922; on the eighteenth day of July, 1923, Josie Macedo, an heir at law of said deceased, filed a contest of said will, alleging undue influence, unsoundness of mind, and insufficient execution of the instrument. Subsequently, the contest was tried before a jury and a verdict entered in favor of the contestant upon a finding that the said Maria De Cambra was of unsound mind at the time of the execution of the instrument alleged to be her will. The judgment revoking the probate of said instrument alleged to be the will of said deceased was entered on the fourth day of March, 1924, notice of motion for a new trial was filed by the proponent, heard by the court and motion for new trial denied on the twenty-ninth day of April, 1924. No appeal was taken and judgment revoking the probate of said alleged will became final on the twenty-ninth day of May, 1924. Thereafter, petitions for letters of administration were filed by the…