Appeae from the Probate Court, Los Angeles County.

Juan, Rosa, and Pedro, Abila, Executors named in the will of Antonio Tgnacio Abila, deceased, filed a petition in the Probate Court of Los Angeles County, on the 15th October, 1858, praying that the will of Abila, deceased, be admitted to Probate, and that they be appointed Executors thereof.

On the same day, the Probate Judge made an order, fixing the 1st of November, 1858, as the time of hearing. Also ordered, that citations issue, and be served upon Appellant, and others, heirs of the deceased, mentioned in the will, and residents of Los Angeles, directing them to appear on the 1st of November, 1858, and show cause why the will of Abila should not be admitted to probate. Also, that all persons interested in the estate of Abila be notified to appear on that day; and that the subscribing witness to the will be cited to appear.

On the same day, a citation was issued, under the seal of the Court, and delivered to the Sheriff of Los Angeles, ordering Appellant and other heirs to appear on the 1st November, 1858.

This citation was duly served upon Appellant on the 30th of October, 1858.

On the 1st of November, 1858, Appellant appeared by her Attorneys, and moved the Court to dismiss the petition of the Executors, upon the following grounds:

1. Because the citation was not served and returned a sufficient time before the hearing.

2. Because the notice of hearing was not given by publication in some of the three weekly newspapers of Los Angeles County.

The Court below overruled the motion to dismiss, and exceptions were taken.

An answer was then put in contesting the will.

Issues were framed, by agreement, and sent to the District Court for trial. At the March Term, 1859, of this Court, the issues were all found in favor of the Respondents, and so certified back to the Probate Court.

The 23d of May, 1859, being set for the final hearing of the cause, the Appellant renewed his original motion to dismiss the petition, for insufficient service of the citation, which was again overruled, the whole cause submitted to the Court, and judgment rendered, affirming the will, and appointing the Respondents Executors thereof. Contestants appeal.