Estate of Morrison
Opinion
Lead Opinion
Richards, J.
There are in this proceeding three appeals from a judgment of the superior court in and for the county of Alameda admitting to probate an instrument alleged by the respondent to be the last will and testament of Leon Morrison, deceased, and by the terms of which the said respondent, Marion Scott, was made the sole devisee and legatee of said decedent. There were three separate contestants against the admission of said will to probate and three separate appeals, but by stipulation between the parties these several contests and appeals were presented upon a single record and upon briefs filed by the contestant, State of California.
Leon Morrison died in the county of Alameda, state of California, of which county he was a resident, on June 20, 1921, leaving a considerable estate therein, consisting principally of two clothing stores in the city of Oakland, which since the inception of proceedings for the administration of his estate have been converted into cash. The record herein shows that shortly after the death of said decedent the respondent herein commenced a proceeding in said court for the probate of a lost or destroyed will of said decedent under the provisions of sections…