Estate of Moore

I cannot concur in the conclusion that the superior court could properly entertain the petition for the probate of the alleged later will, in the face of the judgment admitting the will of January 13, 1896, to probate. That judgment had become final, and more than one year having elapsed from its entry without any contest, the probate of such will is conclusive against the world, except infants and persons of unsound mind. It is so expressly provided by section 1333 of the Code of Civil Procedure. The whole matter of wills is regulated in this state by statute. Under our statute, as has often been said, the proceeding in proof of a will is a proceeding in rem, “to determine the legal status of a written instrument,” in which all persons are required to present their claims and by which the world is bound. (See Estate of Baker, 170 Cal. 578, 585 , [ 150 Pac. 989 ]; Estate of Allen, 176 Cal. 632, [ 169 Pac. 364 ].) A judg ment admitting a written instrument to probate as the will of a deceased! person is necessarily a judgment that the instrument is the will of the deceased, which, of course, means that it is his last and only effective will. When a paper is offered for probate as…

This appeal is taken from a judgment pronounced after verdict of a jury declaring that Thomas W. Moore was not of sound and disposing.mind on November 21, 1908, at the time of executing a purported will.

Mr. Moore died on May 12, 1914. A purported will dated Jánuary 13, 1896, was admitted to probate on June 19, 1914. In accordance with the terms of this writing respondents, Charles Moore, William A. Moore, and Stella Moore Tolle, nephews and niece of the deceased, were appointed respectively administrators and administratrix of the estate.

In October, 1916, a purported will bearing date of November 21, 1908, was offered for probate, with a petition asking not only for its admission but praying that the letters previously issued be revoked and that those persons who had been administering the estate be required to account to an administrator to be appointed under the later will. Respondents filed written opposition to the later will, based upon the alleged unsoundness of the testator’s mind at the time of the execution thereof. They were successful in their contest.

Respondents deny the jurisdiction of the superior court to entertain the appellant’s petition, upon the ground…