Mandamus—Contest by State op Probate of Will—Interest not Shown.—Mandamus will not lie in behalf of the state to compel the superior court to allow the state to appear and contest the probate of a will, where the application made in the superior court does not show that the state has a sufficient interest in the property of the deceased to make it a proper party to the probate of the will.

Id.—Proposed Statement of Contest—Legal Conclusion—Facts not Averred.—Where the proposed statement of the contest which the state offered to file merely states the legal conclusion that the state is the only party entitled by law to the proceeds of the estate of the decedent, but states no facts showing that he died without heirs, or that they were-non-resident aliens, it fails to show any present or future contingent interest in the property.

Id.-—Improper Notice of Claim—Ground Stated not an Averment.— A mere notice by the state, addressed to the public administrator and others claiming an interest, that the state claims the entire estate of the decedent upon specified grounds, including the stated ground that deceased “died without leaving surviving him any heirs at law or next of kin,” has no proper place upon the files of the court. Such stated ground of claim is not an allegation of fact that he left no surviving heirs, and cannot be accepted as an averment of that fact in lieu of such averment in the statement which the law requires the contestant to file.

Id.—Presumption of Next of Kin—Burden of Proof.—It is a presumption of law that a person has next of kin who will succeed to his estate upon his death, leaving no will; and the contrary, if relied upon to establish a right, must be shown affirmatively.

Id.—Remote Possibilities not an Interest.—The remote and contingent possibility, or series of possibilities, that the title of the surviving heirs, in whom, if the will is invalid, the decedent’s property has vested, and who are not aliens, will be forfeited by escheat, if they do not claim the property within five years, and that none of them may, within twenty years after proceedings to declare an escheat, appear to claim the property, so as to make the state an absolute owner, does not constitute an interest which will authorize the state to contest the will.