General

Estate of WALTER CLAYTON, Deceased. QUINCY McMILLON et al., Appellants, v. ETHEL ROWE CLAYTON, Respondent

108 Cal. App. 2d 583·District Court of Appeal of the State of California·1952·CA

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Opinion

[Civ. No. 18820. Second Dist., Div. One. Jan. 8, 1952.] Estate of WALTER CLAYTON, Deceased. QUINCY McMILLON et al., Appellants, v. ETHEL ROWE CLAYTON, Respondent. Walter L. Gordon, Jr., for Appellants. Noel Edwards for Respondent. [MAJORITY — THE COURT.] THE COURT. Respondent Ethel Rowe Clayton moves to dismiss the appeal taken by appellants from an order 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 with will annexed. The ease is governed by the holding of the Supreme Court in Estate of Estrem, 16 Cal.2d 563 [107 P.2d 36], and upon the authority of that decision the appeal lies and the motion to dismiss must be and it is denied. So ordered.