Kelsey

William Engle died in the county of Riverside, state of California. At the time of Ms death he was a resident of the territory of Arizona, and had seven hundred 'and twenty-nine dollars and ninety-six cents deposited in a Los Angeles savings bank, and also held a note for eight thousand five hundred dollars, secured by a mortgage on real property situated in the city and county of Los Angeles. The deceased left a will in which he made C. S. Engle, a resident of Chicago, Illinois, his sole devisee, and appointed him sole executor of the will.

This will was duly admitted to probate in the territory of Arizona. C. S. Engle granted a one-tenth interest in the property of the estate, situated in Los Angeles, to the respondent Griffith, who is a resident of Los Angeles; and thereafter the respondent presented to the superior court and filed therein a copy of said will and the probate thereof, duly authenticated, together with a written assignment of C. S. Engle to respondent of the one-tenth interest aforesaid, claimed to be interested in said will, and petitioned the said court to admit the will to probate and issue to him letters of administration with the will annexed. Subsequently,…