Bacigalupo

Bacigalupo v. Superior Court

Good Law
108 Cal. 92·1895 Cal. LEXIS 827·40 P. 1055
Supreme Court of CaliforniaJuly 11, 1895S. F. No. 71California525 words

Opinion

Lead Opinion

Garoutte, J.

This is an original proceeding in the nature of an application for a writ of review. One Bacigalupo, the petitioner, was appointed executor of the estate of Bacigalüpo, deceased. Some months thereafter certain of the heirs of the deceased filed' a petition in the court where such estate was undergoing administration, praying for a revocation of the probate of the will of said deceased, and a citation was issued thereupon to all parties interested to show cause at a certain time why the prayer of the petition should not be granted. Ro appearance was ever made in answer to the citation, but, upon August 17, 1893, the court of its *94 own motion vacated, set aside, and discharged said citation. Thereafter, and more than one year subsequent to the filing of said petition, it was dismissed upon motion of this petitioner. Thereafter, upon affidavit showing cause, the court set aside the order dismissing the petition for revocation, and, after reciting wherein the original citation was defective, ordered an amended citation to issue to all parties interested, ordering them to appear and show cause why the revocation of the probate of said will should not be had; and such citation was…

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