I concur in the conclusion reached by Justice Carter. Under the circumstances shown here I think that the court had “defined power” to decide the crucial question in only one way. For a clear example and adequate discussion of the circumstances under which a probate court should properly be held to have exceeded its jurisdiction (“defined power”) see dissenting opinion in Estate of Kay (1947), 30 Cal.2d 215, 230 [181 P.2d 1], et seq.
Petitioners’ application for a rehearing was denied November 13,1950. Carter, J., and Schauer, J., voted for a rehearing.