Estate of Morey

This is an appeal from an order denying a new trial.

The proceeding is an application by the petitioner to revoke the probate of the last will and testament of David Morey, deceased. It is alleged in the petition that David Morey died in the county of San Diego, state of California, on June 21, 1902, being at the time a resident of the county of San Bernardino, in said state; that such proceedings were had in said superior court of San Bernardino County, that a document dated the thirty-first day of March, 1902, was admitted to probate as the last will and testament of David Morey by said court on the twelfth day of July, 1902, and that K. C. Wells and Charles E. Truesdell, who were named in said document as executors, were appointed as such by said court, and immediately entered upon their duties.

That petitioners William Morey, Israel Morey, and Abraham Morey are brothers of said decedent; that petitioner Catharine Wollam is a sister of said decedent; that petitioner M. D. Felkner is the only child and heir at law of Esther Felkner, deceased, the sister of said decedent; that petitioners John S. Rose, Lilian F. Jaqua, Anna V. Hoot, and Mary R. Hoover are the only surviving…