Estate of Whiting

Susan Whiting died testate in San Francisco, California, on October 11, 1928, being a resident thereof at the time of her death and leaving an estate therein. After proper proceedings had, her will was admitted to probate in the Superior Court of the City and County of San Francisco on October 30, 1928, and Don Carlos Barrett was appointed executor thereof, who immediately qualified and ever since has been and now is the executor of said estate.

On October 28, 1929, Charles H. Francis and Harry Whiting Francis, claiming to be sole surviving heirs of Susan Whiting, deceased, filed in said superior court a petition to revoke the probate of said will on the grounds of incompetency, undue influence, insane delusions, and that the will was not executed or published by decedent.

The executor and the devisees and legatees named in the will demurred to said petition and moved to dismiss same upon the following grounds, among others: (1) That the court was without jurisdiction to hear or determine said petition to revoke the probate of said will of said deceased; (2) That the petitioners were barred by the provisions of section 1327 of the Code of Civil Procedure, as amended in 1929.…