Cefalu

Ruby Foxworth, the mother of Melvin Lamar Foxworth, the deceased, instituted heirship proceedings (Prob. Code, § 1080) in which Ida Foxworth, the divorced wife of the deceased, filed a statement claiming interests in the deceased’s estate on behalf of herself and the children of the deceased—asserting that the children are pretermitted heirs and that Ida has a community property interest. During the pendency of this appeal, Ruby Foxworth died, and Lorraine Cefalu, the executrix of her will has been substituted as the party respondent in place of Ruby Foxworth. The court found that a joint will made by the deceased and his wife (prior to the divorce) had been incorporated by reference in a subsequent holographic will made by the deceased, and that the deceased had intentionally omitted to provide for the children in the holographic will, and that Ida has no interest in the estate. Claimants appeal from the judgment distributing the *786 estate to the petitioner (who is the beneficiary under the holographic will).

Appellants contend that the court erred in finding that the joint will had been incorporated by reference in the holographic will, and in finding that the deceased had…