[1] Estates of Deceased Persons—Last Will—Revocation—Insufficiency of Evidence.—On this appeal from an order admitting a document to probate as the last will of the deceased, it is held the claim that the document was not the last will of the deceased, but was superseded or revoked by a later will, is without any substantial support in the evidence.

[2] Id.—Existence of Property Subject to Administration—Sufficiency of Evidence.—In a proceeding for the probate of a will, evidence that the deceased left fifty dollars in a bank in his name at his death which was not transferred to his wife was sufficient to authorize the admission of the will to probate, if it was. necessary to show the existence of property subject to administration.

[3] Id.—Delay in Filing Will for Probate—Effect of.—The failure to file a will for probate within thirty days after the death of the testator does not forfeit the right of the person named in the will to letters testamentary, under section 1301 of the Code of Civil Procedure, but, under such section, the court, in its discretion, might hold that by such delay such person had renounced the right to letters.

[4] Id.—Delay in Filing Will—Evidence—Right to Letters not Renounced.—The right of a widow to letters testamentary is properly held to have not been renounced by failure to file the will for probate within thirty days after the death of the testator, where the property of the testator, except fifty dollars in bank, was transferred by him to his wife after the execution of his will, and the necessity for probate arose from the subsequent conduct of the contestant of the will in bringing an action to set aside the transfer.

[5] Id.—Frivolous Appeal.-—-An appeal from an order admitting a document to probate as a last will taken for no apparent reason except a desire to delay the administration of the estate presents a proper ease for the imposition of a penalty.