In re Estate of Devenney

John Devenney died February 3, 1908, in San Francisco, being a resident thereof, and leaving estate therein.

On February 13, 1908, Henry M. Donahue filed an application, through his attorney, John B. Carson, for the probate of an instrument alleged to be the last will of the decedent dated February 21, 1905, in which the applicant was named as executor. The information upon which the petitioner based his belief as to the execution and contents of the will was derived from the attorney who drew the same and one of the subscribing witnesses, Thomas Dillon. The statements of these affiants, who were also witnesses on the hearing, show that the will was written by the attorney at the dictation of decedent in the presence of Carson, Dillon and Michael Flannery, the second subscribing witness, and signed and subscribed according to the requirements of the statute.

Devenney was about seventy years of age, and in all respects competent to make a will. It appears by the verified *277 statement annexed to the petition and by the testimony of the attorney that the will was left in the office of the said John B. Carson, 433-434 Parrott building, 825 Market street, San Francisco, and…