In re Estate of Renton

The proponent executor, after formally probating in the state of Washington the instrument in contest, and before the order admitting said instrument there was final, presented said instrument to this court and in this jurisdiction for probate. The contest of said instrument is now pending in both jurisdictions.

The proponent, having elected as actor to proceed with the probate of said instrument in this jurisdiction before any final order, judgment or decree admitting said instrument to probate in Washington was secured, cannot now object to a contest proceeding here.

*121 Formal admission to probate in Washington, a contest having been filed, is not in any sense a final order, judgment or decree. It has been held by this very court in several eases ■ that the order, judgment and decree admitting a will to probate was not final in any sense, and was.not admissible even as evidence on the trial of a contest of such instrument: Estate of McGinn, post, p. 127; Clements v. McGinn (Cal.), 33 Pac. 920 .

The counsel for the proponent is mistaken in his premises in assuming that there has been any probate in the state of Washington, for the very instrument has not yet finally been…