Estate of Tymms

On November 27, 1923, the probate court entered its order of partial distribution to one Shersby, distributing to him certain real property in Los Angeles County and $8,487.82 in cash, all belonging to the estate of Ernest A. Tymms, deceased. On May 22, 1924, the father, brothers, and sisters of the deceased served and filed their motion to vacate said order of distribution. This motion was noticed for May 27, 1924, and after several continuances upon agreement of the parties was-finally heard and denied by the probate court on November 25, 1924. The moving parties in this motion, representing themselves as heirs at law of the deceased, have appealed from the order denying their motion to vacate said order of partial distribution. The appeal is presented upon the judgment-roll and a bill of exceptions.

The grounds of the motion to vacate as stated in the notice of motion are that the deceased died on March 4, 1923, leaving a last will and testament and a codicil thereto; that said will has not been admitted to probate, but that the codicil thereto was admitted and letters testamentary thereon were issued by the probate court of the county of Los Angeles; that in and by said…