The burden of proof being imposed upon the contestant, he should establish by a preponderance of evidence the issues tendered by him.
I. As to jurisdiction, this is found against the contestant, it appearing that decedent, Max Howard Kershow, was, according to his own sworn statement, a resident of the city and county of San Francisco on the nineteenth day of July, 1900, when he was registered as a qualified elector by the registrar and that he had not subsequently changed his residence. At the time of his death in this city and county he left estate herein consisting of money in bank and personal effects. These facts clothed the court with original jurisdiction ; but it is claimed by contestant that this court is devested of authority in the premises because of a judgment rendered in the orphans’ court of Philadelphia, Pennsylvania, July 10, 1901, admitting to probate a will of a date prior to the paper here propounded, the record of which proceeding is properly before this tribunal under the general issue, it not being necessary to plead it specially. As it might come in as evidence legitimately, and in that manner operate as a bar to this application, it must be considered in…