In re the Estate of Whetton

Citations

• 98 Cal. 203
• 32 P. 970
• 1893 Cal. LEXIS 888

Syllabus

<p>Contest of Will after Probate—Parties—Right of Executor to Defend —Erroneous Judgment for Contestant. — In a proceeding to set aside the probate of a will and to revoke the letters testamentary issued to the person named therein as executor, the executor is a necessary party, and as such has a right to defend and support the will, and it is his duty to do so under his trust.</p> <p>If the court denies the executor such right, a judgment in favor of the contestant annulling the will will be reversed.</p>