Stead

The manner in which the questions arise, and the principal facts involved, are disclosed in the original opinion and the opinion upon petition for rehearing ( 191 Fed. 529 , 112 C. C. A. 463 ); a formal preliminary statement will therefore be dispensed with. Subsequent to the entry of the order denying á rehearing, the court, yielding to the appellants’ insistent claim that their contentions were misunderstood, and that an opportunity should be given for further oral argument, vacated the order and granted a rehearing; the whole case has now been resubmitted.

At the conclusion of a comprehensive summary of the contents of the bill and an analysis of the voluminous brief filed in support of their appeal, the appellants, in their petition for rehearing, assert that the record exhibits “five independent grounds, on each of which and by virtue of the law, the pretended judgment of probate,” to vacate which the suit was brought, should be declared void and set aside. In the main we have chosen to coniine our consideration to these five several grounds, and shall pursue the order in which they are stated and discussed in the petition.

[1] First. The first point is strictly…