First Church of Christ v. State

This is an appeal by the beneficiary of an alleged last will from a judgment determining that decedent died intestate and denying probate of the will.

On February 17, 1959, a petition for the probate of a lost will and the issuance of letters of administration with the will annexed or in the alternative for letters of administration was filed by John Baker. Among other things he alleged in the petition that:

It was further set forth that the “Mother Church, First Church, Christ Scientist, Boston, Massachusetts” (hereinafter referred to as either appellant or the Church) is the devisee and legatee named in the will.

On March 6, 1959, a hearing was had on the petition and the purported lost will was denied probate. The petitioner was appointed the administrator of said estate and letters were ordered to issue upon petitioner giving a bond in a stated amount. Marshall Hickson was the attorney for the petitioner and at the time of the hearing upon the petition he stated to the judge that he did not have two credible witnesses to the will as required by section 350 of the Probate Code.

*124 Counsel for the Church filed and had granted a motion to set aside the order denying…