Ford

By this heirship proceeding (Prob. Code, § 1080), petitioner sought determination that he and his three brothers are pretermitted heirs. Summary judgment dismissing the petition was granted, and he appeals.

The will was prepared by an attorney. After declaring that testator is a widower who has three children, Leslie, Porter and Edith, it provides: “I bequeath all of my estate to my son Leslie F. Groseup, except for the provision of $1.00 to Porter V. Groseup and $1.00 to Edith A. Ford;” and “I declare except as otherwise provided in this Will I have intentionally omitted to provide for any of my heirs living at the time of my death. ’ ’ Testator had a fourth child, Thelma, who died in 1959, some four years before this will was executed. She left four children, petitioner and his three brothers.

Respondent filed his written statement of interest and moved for summary judgment, supported by affidavit of his attorney, who averred that he was a witness to the will, incorporated a copy thereof, and stated that he knew of no factual issues between the parties. Petitioner’s eounteraffidavit averred that: testator had high regard for his daughter Thelma and knew of her death;…