In re Estate of Twombley

Citations

• 120 Cal. 350
• 52 P. 815
• 1898 Cal. LEXIS 768

Syllabus

<p>Estates op Deceased Persons—Proceedings op Probate Courts—Presumption op Kegudarity.—Every presumption, not disproved by the record itself, is to be indulged in support of the regularity and validity of the orders and decrees of the late probate courts, made within the limits of their restricted powers, as is indulged with respect to the proceedings of courts of general jurisdiction.</p> <p>Id.—Notice op Probate—Proof of Service.—Where the record pf a proceeding in the late probate court, admitting a will to probate, fails to show whether or not proof was made at the hearing of the service of the notice of probate on the heirs residing within the state, as required by section 1304 of the Code of Civil Procedure, it must be couclusively presumed, in the absence of fraud, that such proof was made, on a motion, made many years thereafter, to set aside the probate for want of such notice.</p>