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24. Vested estates. The will pro- 29. Omission of parties.

The mere
vided that if a son should reform fact that necessary parties to an
before he attained a certain age action under section 26532 were
the executors might pay him the omitted is not available to a party
principal of his share; otherwise to such action for the purpose of
it should be held in trust and on attacking the judgment. N.
his death paid to his heirs. The
son died before his mother, leav. 30. Revocation. Where the petitioner
ing a will by which he bequeathed is estopped or otherwise disquali-
his share to his brother. Held, that fied from maintaining a proceed-
his share was not vested, but passcd ing for revocation of probate, it
to his heirs, viz., his brother and cannot be continued by an assent-
two half-sisters.

Id. ing respondent who could not have

instituted such proceeding. Id.
25. Devise to a class. Where it is
apparent that testator intended to 31. Revocation of probate Limita.

tion. Where the issues upon pro-
divide his property between two
branches of his family by class,

bate were tried by jury the statu-
although the members thereof are

tory limitation of one year begins
named, the antecedent death of to run from the entry of the decree
one of the members of a class oc upon the findings, and not from
casions no lapse, but the subject

the time it was remitted to and
Bm of the gift vests in the survivors.

filed in the Surrogate's Court. Id.

32. Revocation - Citations Where
26. Revocation Adoption. The

the petition for revocation of pro-

bate is filed within the time limi-
adoption of a child does not oper-
ate to revoke a prior will in which ted by law, the contest is then
it was not mentioned. Matter of

instituted, and citations may issue


from time to time thereafter to
bring in necessary parties. Vat.
ter of Laytin.

27. Adopted children. The right of

inheritance of an adopted child is 33. Neglect of petitioner to proceed
like that of any other child or heir, Dismissal. Failure of the peti-
subject to the testamentary power tioner to proceed further after
of the adopting parent.

filing the petition and bring in the

necessary parties furnishes no
28. Action to determine ralidity

ground for dismissal of the pro-
Bar. One who was made a party

ceeding, as the executor may in
to an action under section 2653a such case make the application

for citations.

of the Code, to determine the va-
lidity of a will, and who duly ap-
peared therein, is concluded by

the judgment in favor of its va-
lidity and cannot maintain an ac-

tion to revoke its probate. Matter

of Ruppaner. x x




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