Estate of Sanders

This is a purported appeal in a probate proceeding. Jane Sanders died testate on the twenty-third day of May, 1918. On May 28, 1918, the respondents filed her will for probate; thereafter the will was admitted to probate and the respondents qualified and have continued to act as executor and executrix of the will. On the twenty-eighth day of August, 1919, the appellants filed a contest and asked for an order revoking the probate of the will. Thereafter on May 26, 1920, the contestants appeared in open court and voluntarily moved to dismiss the contest. The next day the judgment of dismissal was duly entered. On November 1, 1920, the appellants served and filed a notice that thereafter they would move the trial court for an order permitting them to withdraw their motion to dismiss, for an order setting aside and vacating the dismissal, and for other relief, specifying it. It was stated in the notice last mentioned that the application would be made on the ground that the motion of dismissal was made through the mistake, inadvertence, surprise, and excusable neglect of the moving parties. After numerous affidavits had been filed, the application was heard and on December 8, 1920, an…