Estate of Miller

This appeal, was taken from an order revoking the probate of the will of Mary Moore Miller, deceased, wife of Jared H. Miller. The grounds of the contest set out are in all material respects a duplication of the grounds upon which a cancellation of the deed of joint tenancy to certain real property was attempted in the ease of Frank M. Kelsey v. Jared H. Miller, ante, p. 61 [ 263 Pac. 200 ].

Mary Moore Miller died testate February 17, 1921, in the city of Los Angeles, leaving an estate of considerable value. Her last will and testament was admitted to probate and her surviving husband was appointed executor. George W. Moore, a nephew of decedent and one of her heirs at law and a legatee under the will, instituted a contest of said will on the ground that it was procured solely by reason of the fraud practiced by Jared H. Miller upon said Mary Moore Miller. The fraud alleged to have been practiced arises out of their marital relations which were fully considered by us in Kelsey v. Miller (L. A. No. 8539). In short, it was the claim there, as here, that Jared H. Miller defrauded and deceived Mary Moore Miller into the belief that he was a single man possessing much business…