Estate of Reynolds

This is an appeal from an order admitting decedent’s will to probate as a foreign will. On October 20, 1930, the decedent died testate in the county of San Diego, California, leaving estate therein. In August, 1931, his will was admitted to probate in Illinois. Thereafter a petition for probate of said will as a foreign will was filed in the Superior Court of San Diego County. The administratrix of the estate of the decedent’s widow objected to the admission of the will as a foreign will. At the hearing upon the petition, and after the reception in evidence of exemplified copies of the proceedings of the Illinois court, said administratrix offered to prove that at the time of his death the decedent was, in fact, a resident of San Diego County. An objection to the proffered evidence was sustained and the will was admitted to probate as a foreign will. This appeal followed.

In support of her contention that it was error to reject evidence of decedent’s residence, the appellant refers us to the Estate of Clark, 148 Cal. 108 [ 82 Pac. 760 , 113 Am. St. Rep. 197 , 7 Ann. Cas. 306, 1 L. R. A. (N. S.) 996], wherein it was held that ancillary proceedings could not be had upon the will of…