JUDGES: Cope, J. delivered the opinion of the Court. Field, C. J. concurring.
OPINION
COPE, Judge
On this petition, Cope, J. delivered the opinion of the Court--Field, C. J. concurring.
We see no ground upon which to grant a rehearing in this case. There is no foundation in the record for the position that the will of Peralta was not admitted in evidence. The only question raised by the appellant in the Court below seems to have been in regard to its admissibility as a probated instrument. In our view of the case, that question was entirely irrelevant, and the character of the instrument for testamentary purposes is immaterial. The only matters that we regard as properly before us were passed upon in our previous opinion, and we have no doubt of the correctness of the conclusion arrived at. The suggestions of counsel in reference to the validity of the instrument may all be true, but they have lost the opportunity to show that fact in the present case.
Rehearing denied.