Estate of Mitchell

This is an appeal from an order refusing to admit an alleged will to probate. W. 0. Mitchell died on January 24, 1927, and Edwin Reed, public administrator of the county of San Diego, was appointed administrator of his estate on February 11, 1927. On January 13, 1928, Marie L. McCarthy filed in the same proceeding a petition to probate an alleged lost or destroyed will of the said W. 0. Mitchell, a copy of said will being set forth as follows:

After a hearing thereon, the court, on September 5, 1928, entered an order dismissing said petition, the court finding, among other things, that the contents of the alleged will had not been proved by two credible witnesses; that the said writing was in the possession of W. 0. Mitchell prior to his death and was not found among his effects thereafter; and that the same cannot now be found. As a conclusion of law, the court found that the purported will was destroyed by Mitchell in his lifetime, and that the same was not in existence at the time of his death. An appeal was taken from the order dismissing the petition. On January 11, 1929, Marie L. McCarthy, in a separate proceeding in the Superior Court of San Diego County, filed a petition…