WHITE, P.J.
Plaintiff appeals from the judgment for defendant in his action for malicious prosecution. Plaintiff and defendant are brother and sister of Myrtle Welch, deceased. By the instant action, plaintiff brother seeks to recover for damages allegedly suffered because of defendant's objections to the probate of their sister's will. (See In re Welch's Estate, (Cal. App.) 261 P.2d 18; Estate of Welch,
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