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SWIFT v. SUPERIOR COURT

Docket No. S.F. 18503.

39 Cal.2d 358 (1952)

247 P.2d 6

JEAN SWIFT et al., Petitioners, v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Respondents.

Supreme Court of California. In Bank.

July 29, 1952.

Attorney(s) appearing for the Case

Anthony S. Devoto for Petitioners.

Charles R. Collins, Morrison, Hohfeld, Foerster, Shuman & Clark and George F. Clinton for Respondents and Real Parties in Interest.

SPENCE, J.

Petitioners seek a writ of prohibition to restrain the Superior Court of the City and County of San Francisco, sitting without a jury, from taking any further proceedings with regard to the issues raised by their petition for probate of a "lost or destroyed will" and the answers filed thereto. They contend that the record presents a contest of the alleged will, entitling them to a jury trial of the issues so framed. We conclude from an analysis of the applicable...

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