Estate of Lennon

The will of the deceased having been admitted to probate, appellants, as next of kin, filed a petition asking for the revocation of the probate upon, three grounds: “First, That said alleged last will and testament is invalid and contrary to the laws of the state of California as made and provided by section 1313 of the Civil Code of said state relating to charitable uses; second, that the decedent was unduly influenced in the making of the will; third, that the will was not entirely written, dated and signed by the hand of the testator.” The second and third grounds were not supported by evidence and seem to be abandoned upon this appeal. The first is not a ground for revocation of the probate of a will, since, if any will falls under the inhibition of section 1313 of the Civil Code, that section itself provides for the disposition of the assets of the estate which must follow. (Estate of Willey, 128 Cal. 13 , [ 60 Pac. 471 ].)

Appellants undertake to bring to this court two appeals, one apparently from the decree settling the final account and ordering distribution, the other from the judgment of the court following their petition to have the will of the deceased set aside upon…