Estate of McLaughlin

(in vacation sittings of Department 9, Probate).—This is an application, by petition, by Emile Erlanger and others, setting forth that they are residents of the city of Paris, and are creditors of the decedent, who died in 1883, leaving a will, and being at his death a resident of this state.

That decedent’s will is on file in this court; that it appears by the records that proceedings were had for the probate of the will; that witnesses touching its execution were examined, and their testimony reduced to writing, on June 16, 1884; and that.the court ordered letters testamentary to be issued to Kate McLaughlin, the executrix named in the will.

That the will was filed January 9, 1884, together with a petition for letters testamentary.

*81 That it appears from an inspection of the record that the clerk did not set the petition for hearing; nor did the court set it for hearing; that proper notice of said hearing has not been given; that no proof was made at the hearing that notice was given; that a notice was published in the “Daily Alta California,” a daily newspaper, but such notice was not published as required by law; that no order of any court or judge was made directing the…