52 Cal. 465 | Cal. | 1877
argued that the Court should have left the facts to the J ury.
J. G. Severance and J. F. Sullivan, for the Respondent.
One of the questions submitted to the J ury was as follows: “ Was the execution of this will” (meaning the will filed July,
Subsequently the Court instructed the Jury that the question of “ undue influence, menace, duress, and fraud ” in the execution of this will was one submitted to them for their verdict. In short, the two instructions were contradictory—the one withdrawing from the Jury, and the other submitting to them the same question of fact, and must have confused them in their deliberations.
Judgment and order reversed, and cause remanded for a new trial.