Prob. Act, sec. 28. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448. Am'd. 1861, 630; 1864, 367.

Cal. Rep. Cit. 39, 554.

Foreign executor, no extraterritorial authority: Post, sec. 1913.

Notice as for an original petition: Ante, secs. 1303 et seq.
Attorney for absent heirs: Post, sec. 1718.
Petition, notice, etc.: Ante, secs. 1299-1318.

§ 1324. Hearing proofs of probate of foreign will. If, on the hearing, it appears upon the face of the record that the will has been proved, allowed, and admitted to probate in any other of the United States, or in any foreign country, and that it was executed according to the law of the place in which the same was made, or in which the testator was at the time domiciled, or in conformity with the laws of this state, it must be admitted to probate and have the same force and effect as a will first admitted to probate in this state, and letters testamentary or of administration issued thereon. En. March 11, 1872.

Cal. Rep. Cit. 86, 101; 86, 102; 100, 377; 120, 345; 132, 403; 141, 540.

Prob. Act, sec. 29. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448. Am'd. 1861, 630; 1864, 368.

Letters testamentary or of administration: Post, secs. 1349-1362.

ARTICLE IV.

CONTESTING WILL AFTER PROBATE.

1327. The probate may be contested within one year. 81328. Citation to be issued to parties interested.

1329. The hearing had on proof of service.

1330. Petitions to revoke probate of will tried by jury or court. Judgment, what.

§ 1331.

8 1332.

1333.

On revocation of probate, powers of executor, etc., cease, but not liable for acts in good faith.

Costs and expenses, by whom paid.

Probate, when conclusive. One year after removal of disabil. ity given to infants and others.

§ 1327. The probate may be contested within one year. When a will has been admitted to probate, any person interested may, at any time within one year after such probate, contest the same or the validity of the will. For

that purpose he must file in the court in which the will was proved, a petition in writing, containing his allegations against the validity of the will or against the sufficiency of the proof, and praying that the probate may be revoked. En. March 11, 1872.

Cal. Rep. Cit. 51, 569; 52, 95; 54, 557; 63, 6; 90, 623; 98, 204; 100, 250; 109, 28; 116, 446; 116, 450; 116, 643; 118, 661; 118, 662; 133, 136; 136, 594; 140, 437.

Prob. Act, sec. 30. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448.

Cal. Rep. Cit. 20, 272; 34, 504.

Allegations against validity of will: Ante, sec. 1312. Probate, conclusive: Ante, sec. 1333.

§ 1326. Citation to be issued to parties interested. Upon filing the petition, a citation must be issued to the executors of the will, or to the administrators with the will annexed, and to all the legatees and devisees mentioned in the will, and heirs residing in the state, so far as known to the petitioner; or to their guardians, if any of them are minors; or to their personal representatives, if any of them are dead; requiring them to appear before the court on some day of a regular term, therein specified, to show cause why the probate of the will should not be revoked. En. March 11, 1872. Am'd. 1873-4, 358.

Cal. Rep. Cit. 63, 8; 108, 94; 116, 451; 116, 452. Prob. Act, sec. 31. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448.

Cal. Rep. Cit. 37, 426.

Citation: Post, secs. 1707-1711.

Guardians: Post, secs. 1722, 1747 et seq.

§ 1329. The hearing had on proof of service. At the time appointed for showing cause, or at any time to which the hearing is postponed, personal service of the citations having been made upon any persons named therein, the court must proceed to try the issues of fact joined in the same manner as an original contest of a will. En. March 11, 1872.

Cal. Rep. Cit. 116, 447; 138, 440.

Prob. Act, sec. 32. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448.

Proof of notice: Ante, sec. 1306.

Trial of the issues joined: Ante, sec. 1312.

§ 1330. Petitions to revoke probate of will tried by jury or court. Judgment, what. In all cases of petitions to revoke the probate of a will, wherein the original probate was granted without a contest, on written demand of either party, filed three days prior to the hearing, a trial by jury must be had as in cases of the contest of an original petition to admit a will to probate. If, upon hearing the proofs of the parties, the jury shall find, or if no jury is had, the court shall decide, that the will is for any reason invalid, or that it is not sufficiently proved to be the last will of the testator, the probate must be annulled and revoked. En. March 30, 1872.

Cal. Rep. Cit. 73, 557; 106, 495; 147, 194.

Prob. Act, sec. 33. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448.

Jury, trial by: Ante, secs. 1313, 1314.

1331. On revocation of probate, powers of executor, etc., cease, but not liable for acts in good faith. Upon the revocation being made, the powers of the executor or administrator with the will annexed must cease; but such executor or administrator shall not be liable for any act done in good faith previous to the revocation. En. March 11, 1872.

Cal. Rep. Cit. 65, 334; 73, 557.

Prob. Act, sec. 34. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448.

Acts before revocation, valid: Post, sec. 1428.

§ 1332. Costs and expenses, by whom paid. The fees and expenses must be paid by the party contesting the validity or probate of the will, if the will in probate is confirmed. If the probate is revoked, the costs must be paid by the party who resisted the revocation, or out of the property of the decedent, as the court directs. En. March 11, 1872.

Cal. Rep. Cit. 93, 572; 112, 452; 112, 454; 120, 452. Prob. Act, sec. 35. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448. Am'd. 1861, 630.

Costs, generally: Ante, secs. 1021 et seq.

§ 1333. Probate, when conclusive. One year after removal of disability given to infants and others. If no person, within one year after the probate of a will, contest the same or the validity thereof, the probate of the will is conclusive; saving to infants and persons of unsound mind a like period of one year after their respective disabilities are removed. En. March 11, 1872. Am'd. 1873-4, 358.

Cal. Rep. Cit. 51, 569; 52, 95; 63, 6; 74, 385; 77, 314; 100, 250; 101, 670; 136, 594.

Prob. Act, sec. 36. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448.

Cal. Rep. Cit. 20, 272.

Conclusiveness of probate: Post, sec. 1908, subd. 1; see, also, sec. 1327, ante.

ARTICLE V.

PROBATE OF LOST OR DESTROYED WILL

1338. Proof of lost or destroyed will to be taken. 81339. Must have been in existence at time of death.

§ 1340. To be certified, recorded, and letters thereon granted. 1341. Court to restrain injurious acts of executors or administrators during proceedings to prove lost will.

§ 1338. Proof of lost or destroyed will to be taken. Whenever any will is lost or destroyed, the superior court must take proof of the execution and validity thereof, and establish the same; notice to all persons interested being first given, as prescribed in regard to proofs of wills in other cases. All the testimony given must be reduced to writing, and signed by the witnesses. En. March 11, 1872. Am'd. 1880, 78.

Cal. Rep. Cit. 98, 97.

Prob. Act, sec. 37. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448.

Notice to all persons interested: Ante, secs. 1303, 1304; by citation: Post, secs. 1707-1711; service of papers: Ante, secs. 1010 et seq.

§ 1339. Must have been in existence at time of death. No will shall be proved as a lost or destroyed will, unless the same is proved to have been in existence at the

time of the death of the testator, or is shown to have been fraudulently destroyed in the lifetime of the testator, nor unless its provisions are clearly and distinctly proved by at least two credible witnesses. En. March 11, 1872.

Cal. Rep. Cit. 57, 283; 66, 489; 66, 490; 66, 491; 98, 93; 98, 94; 98, 102; 134, 235; 134, 663.

Prob. Act, sec. 38. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448.

§ 1340. To be certified, recorded, and letters thereon granted. When a lost will is established, the provisions thereof must be distinctly stated and certified by the judge, under his hand and the seal of the court, and the certificate must be filed and recorded as other wills are filed and recorded, and letters testamentary or of administration, with the will annexed, must be issued thereon in the same manner as upon wills produced and duly proved. The testimony must be reduced to writing, signed, certified, and filed as in other cases, and shall have the same effect as evidence as provided in section one thousand three hundred and sixteen. En. March 11, 1872. Am'd. 1873-4, 358; 1880, 78.

Prob. Act, sec. 39. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448.

Certificate: Ante, secs. 1317, 1318.

Letters testamentary, etc.: Post, secs. 1349-1362.

1341. Court to restrain injurious acts of executors or administrators during proceedings to prove lost will. If before, or during the pendency of an application to prove a lost or destroyed will, letters of administration are granted on the estate of the testator, or letters testamentary of any previous will of the testator are granted, the court may restrain the administrators or executors so appointed from any acts or proceedings which would be injurious to the legatees or devisees claiming under the lost or destroyed will. En. March 11, 1872.

Prob. Act, sec. 40. En. April 22, 1850. Rep. 1851, 489. En. 1851, 448.