In re Estate of Robinson

The last will and testament of Lester L. Robinson, and a petition for its probate, were filed in the superior court of Contra Costa county, May 11, 1892. Prior to the day set for hearing the petition Sanford Robinson filed a written opposition to its probate, to which the proponents of the will filed a demurrer. Afterward, and before a hearing upon the demurrer, the contestant filed a stipulation confessing the demurrer as well taken, and upon his consent an order was entered sustaining the demurrer and giving him additional time within which to file amended grounds of opposition. He did not, however, file any amendment to his opposition, but directed his attorney to abandon further proceedings in reference thereto, and accordingly an order was made that he take nothing by his contest, and the will was admitted to probate October 22, 1892. October 20, 1893, the appellants herein filed in the superior court a petition for the revocation of the probate of the will, which the executors answered, and the court appointed January 6,1894, as the day for hearing the petition. December 30,1893, the appellants filed a written demand for a trial by jury, and when the matter was called for…