San Francisco Protestant Orphan Asylum v. Superior Court of Santa Clara County

Citations

• 116 Cal. 443
• 48 P. 379
• 1897 Cal. LEXIS 569

Syllabus

<p>Petition to Revoke Probate of Will—Defective Service of Citation —New Citation after Lapse of Tear—Jurisdiction—Certiorari. Where a contest of the probate of a will is commenced within one year from the probate, by the filing of a valid petition for the revocation of the probate, and the issuance of a citation which is served upon all of the parties interested in the will as devisees or legatees, with the exception of an orphan asylum upon which a defective service was made, the defect in which was not called to the attention of the contestant until a motion was made by the orphan asylum, after the lapse of the year, to dismiss the proceeding, for want of service of the citation upon it, the court has jurisdiction over the proceeding, and may properly deny the motion to dismiss, and may order a new citation to issue to such orphan asylum, notwithstanding the lapse of the year, and the order for such citation cannot be annulled upon certiorari.</p>