Dulfon

The appeal is from an order denying the petition of Ernie I. Dulfon for issuance to him of letters testamentary pursuant to his appointment as executor by the will of his deceased wife. The conclusion we reach is that the order should be reversed.

Appellant had been married to Beatrice, the deceased, five and a half years; each had issue of a previous marriage. Beatrice operated what was described as a “bulk” mail order business, owned a considerable amount of property and had the money.

Ernie and Beatrice executed mutual wills. It is sufficient for present purposes to note that the will of Ernie left his estate (except for a 50 percent interest in an invention) to Beatrice *471 and a 50 percent interest in the invention to his two daughters, issue of his previous marriage. The will of Beatrice left half of her estate to Ernie and half in trust to Mary Louise Bregman, the daughter of Beatrice. Ernie was named as executor.

Ernie offered the will for probate and petitioned for letters testamentary; Mary filed a contest, which was withdrawn; the will was admitted to probate, Ernie’s petition for letters was denied and United California Bank was appointed as administrator with will…