Estate of Dunsmuir

This is a motion to vacate, set aside and de-

clare null and void a judgment of this court entered May 9, 1900, admitting the will of Alexander Dunsmuir, deceased, to probate, and appointing James Dunsmuir executor thereof, upon the grounds (1) that at the time of making and signing said judgment the court did not have jurisdiction of the subject matter of said estate nor any jurisdiction to do any act in the premises, and (2) that at the time of making said order and signing said judgment the court did not have nor obtain jurisdiction of any of the persons interested in said estate and was without power to make or enter any order binding upon said estate or upon them.

The motion is' based upon the records and papers on file in the matter of the estate and is made on behalf of Edna Wallace Hopper, a daughter and heir at law of Josephine Dunsmuir, deceased, who was the widow of Alexander Dunsmuir, decedent testator. .

An affidavit accompanies the motion made by Sir Charles Hibbert Tupper, a practicing barrister and solicitor in British Columbia, Dominion of Canada, learned in the law of that realm, and the occupant at different times of the offices of minister of justice,…