Estate of Mauvais

This is an appeal from an order revoking the probate of the alleged will of Clemence Mauvais, deceased, and the accompanying judgment declaring said will to be null and void.

Two claims are urged in behalf of the appeal: (1) That the court was without jurisdiction to hear the petition for the revocation of probate of said will; and (2) that the evidence adduced below is insufficient to justify the findings of the jury. These claims will be disposed of in the order stated.

Clemence Mauvais died on August 8, 1916, leaving as her sole heirs at law her four children, all of mature age, named Juliette Mauvais Ferguson, the appellant and proponent of the will, Borneo Mauvais and Edith Mauvais Tevis, the respondents and contestants, and Ernest Mauvais. Mrs. Mauvais left a written instrument dated June 16, 1907, purporting to be her holographic will, by the terms of which she left all her property to her daughter Juliette. On September 22, 1916, the order was made admitting the purported will to probate and appointing Juliette Mauvais Ferguson the executrix thereof, letters testamentary being thereupon issued to her.

Within one year after said order was made the contestants filed their…