In Re Estate of Bouyssou

The appeal herein, as stated in the-notice of appeal, is from the order “vacating and setting aside the order refusing probate of the will of the above-named decedent, and appointing Jean Bouyssou administrator of the estate.” Upon the motion of the respondent the appeal from the order vacating the order refusing probate to the will was heretofore dismissed (Estate of Bouyssou, 1 Cal. App. 657 , [ 82 Pac. 1066 ]), leaving for consideration only the appeal from the order vacating the appointment of the administrator. The order itself is set forth in the bill of exceptions as follows: “Motion to vacate order refusing probate of will and appointing administrator granted. ’ ’ But the bill of exceptions does not set forth or show any of the proceedings upon which the appointment of the administrator was based, except that it appears therefrom that when the will was filed for probate the appellant filed a petition “for the probate of said will and the issuance to him of letters of administration on the estate with the will annexed”; that a printed copy of a notice fixing a day for the hearing of said petition was received by the respondent through the mail; and that on the day so fixed…