IN RE: CLAYTON'S ESTATE. (1952)

District Court of Appeal, Second District, Division 1, California.

IN RE: CLAYTON'S ESTATE. McMILLON et al. v. CLAYTON.

Civ. 18820.

Decided: January 08, 1952

Walter L. Gordon, Jr., Los Angeles, for appellants. Noel Edwards, Los Angeles, for respondent.

Respondent Ethel Rowe Clayton moves to dismiss the appeal taken by appellants from an order denying a motion made under Section 473 of the Code of Civil Procedure which sought to vacate and set aside an order which admitted a will to probate and granted letters of administration with will annexed.

The case is governed by the holding of the Supreme Court in Estate of Estrem, 16 Cal.2d 563, 107 P.2d 36, and accordingly upon the authority of that decision the appeal lies and the motion to dismiss must be and it is denied. So ordered.

PER CURIAM.

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