Holabird

Mandate to compel the Superior Court of the County of Fresno to hear and determine a motion for an order to vacate and set aside a previous order, admitting the will of one Bessie M. Ball to probate, and appointing an executor thereof.

The petition in substance alleges that the court had no jurisdiction of the estate for the reason that the deceased was not a resident of the county of Fresno at the time of her death, but on the contrary was a resident of the county of Los Angeles, and that the testimony given at the hear ing, to the effect that deceased was a resident of the county of Fresno, was untrue.

It appears from the record that Bessie M. Ball died on the twentieth day of May, 1929. Thereafter on the twenty-eighth day of May of the same year, Leo A. Seibert filed her will for probate in the county of Fresno and. prayed for letters testamentary thereon. Notice was given of the hearing in all respects as required by law.

On June 7, 1929, at the time and place fixed, testimony was taken of all the material facts alleged in the petition, which was reduced to writing and filed with the clerk. At the close of the hearing the court executed a certificate of proof of the will of…