In re Antoldi's Estate

Good Law
1905 Cal. LEXIS 715·7 Cal. Unrep. 211·81 P. 278
Supreme Court of CaliforniaMay 31, 1905S. F. No. 4206California307 words

Opinion

lead Opinion

This is an appeal from an order denying a motion of contestants for a new trial in a contest of the *212 will of deceased. The present matter before the court is a motion of respondents to dismiss the appeal of contestants upon the ground that neither said Caroline A. Casagrande nor either of the other contestants is a party interested in said estate, or aggrieved by the order appealed from. The motion must be granted on the grounds urged.

- It affirmatively appears from the record that in the petition for the revocation of the will of deceased it was alleged by the contestants that they were the only blood relations and heirs at law of the testator. This was denied in the answer of the proponents of the will, and the court found directly in their favor—that contestants were not either heirs at law of the testator or related to him. Contestants gave notice of intention to move for a new trial, specifying as one of the grounds thereof the insufficiency of the evidence to sustain the findings. Subsequently they prepared and had settled a statement on motion for a new trial, and thereafter moved for a new trial, which was denied. In the specification of errors contained in the said…

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