Estate of Visaxis

This is an appeal from an order or judgment revoking the probate of a certain will and admitting to probate an earlier will made by the decedent. The will affected by the revocation was executed October 8, 1926. The earlier will was executed August 3, 1922. The testator died October 19, 1926.

The contestant through whose efforts the probate of the will of 1926 was revoked, the respondent here, was not an heir at law of the testator, but he was a legatee under the will of 1922. Section 1327 of the Code of Civil Pro■eedure provides: “When a will has been admitted to probate any person interested may . . . contest the same or the validity of the will.” Appellant contends that respondent is not a “person interested” within the meaning of the section, especially as the will of 1922 had not been admitted to probate before the contest of the will of 1926 was instituted. This contention is directly nullified by what the supreme court said in Estate of Langley, 140 Cal. 126 [ 73 Pac. 824 ]. In that case an earlier will had been offered for probate and the proceeding was yet pending when the contest of a later document was sustained. It was determined that under such circumstances the…