58 Cal. 335 | Cal. | 1881
This case was heard by Department Two of this Court, and its opinion filed. March 25th, 1881. A hearing in Bank was subsequently granted. For the reasons given in the opinion of the Department the judgment, and order are affirmed.
The following is the opinion rendered in Department Two:
The will of the deceased was admitted to probate. Within the year the father of the deceased petitioned that the probate of the will be revoked. The issues raised on that petition were tried by the Court, and the prayer of the petition was denied. The petitioner moved for a new trial, which was denied, and this appeal was taken.
1. On the motion for a new trial, points were made as to the mental capacity of the deceased, as to whether the paper was signed by him, or by any other person for him, in his presence and by his direction, as to whether the attesting witnesses signed in his presence and at his request, as to whether he declared the paper to be his will, and as to whether he was free from undue influence. All these matters were before the Court upon conflicting evidence. There was evidence favorable to the validity of the will upon each of these points. Therefore, the 'decision of the Court will not be disturbed.
2. Another point, made by the appellant in this Court,, but
Judgment and order affirmed."
Morrison, C. J., and Sharpstein, J., concurred.