Youlian

In this proceeding appellant Nadia Williams qualified as special administratrix of the Huitín estate on July 14, 1944, furnishing a bond in the principal sum of $7,000. She presented to the court for probate a witnessed will of the decedent. Respondents contested the admission of that will to probate on the ground of fraud and undue influence and presented for probate an earlier holographic will of decedent which appellants contested. The two contests were heard and respondents were successful in having the holographic will admitted to probate and respondent Jack Youlian was appointed executor of the estate without bond pursuant to that will. The orders in the contest proceedings (hereinafter referred to as first order) and the order appointing *341 Youlian executor (hereinafter referred to as second order) were entered on June 5,1945. Notice of entry was served and filed on June 18, 1945. A notice of intention to move for a new trial in the contest proceedings was filed and bears the clerk’s filing date of June 29, 1945, apparently a day late. (See Code Civ. Proc., § 659.) That motion was heard on August 7, 1945, by Judge Beardsley, the trial judge. On August 14, 1945, Judge…