Hatfield

Petitioner, the executor named in the will of Charlotte Gustava Sundberg, deceased, and a devisee thereunder, renounced his right to act as executor and the will was offered for probate by the California Trust Company, proponent. In a contest before probate, opposition to the probate on the grounds of incompetency, undue influence, and revocation by a subsequent will, was filed by certain heirs. The due execution of the will was not questioned. In his answer to the contest, petitioner did nothing more than deny the allegations of contestants in their opposition to the probate of the will. In his prayer he requested the dismissal of the contest and the admission of the will to probate. Four days before the date on which the contest had been set for trial, and again on the date of the trial, contestants filed with the clerk a voluntary dismissal of the contest. On February 11, 1946, the date set for trial, by reason of the dismissal, the trial court refused to proceed with the trial of the action. Following a hearing on February 11, 1946, and on March 14, 1946, the petition of California Trust Company to have the *848 will admitted to probate was granted. On August 5, 1946,…