195 P. 428 | Cal. Ct. App. | 1920
Peter McGuirk died on the third day of August, 1919, leaving a holographic will, dated June 7, 1918. Upon the presentation of the will for probate by Josephine H. Gunston, the sole legatee named therein, a contest thereof, upon the ground that at the time of the execution of the will the deceased was not of sound or disposing mind or memory and was incompetent to make a will, was filed by Mrs. Lizzie Kersey, a sister of deceased. *353 The case was tried before a jury and, at the conclusion of contestant's evidence, the court granted a nonsuit and rendered a judgment admitting the will to probate, from which contestant has appealed.
[1] Appellant concedes the well-recognized rule that insanity of a testator, in order to affect the validity of his will, must be either of such a broad character as to establish mental incapacity generally, or some specific form thereof, by reason of which the testator is the victim of hallucination or delusion. (Estate of Chevallier,
It appears from the evidence introduced that at the time of his death Peter McGuirk was about sixty-two years of age, unmarried, and without other heirs than his brothers and sisters, all of whom were of mature age. All of the witnesses testified that in their opinion deceased was, at the time when he made the will, of unsound mind. The facts upon which such persons based their conclusions, and without which their opinions could in no event be of any weight (Estate of Dole,
The foregoing constitutes a fair statement of the evidence most favorable to contestant, and the question presented thereon is whether it was such as to have demanded of the trial court that it deny the motion for nonsuit and submit the question to the determination of the jury. *355
[2] That the testator was unmindful of the presence of ladies when engaged in his duties to nature, used intemperate and profane language on all occasions, was eccentric and said and did things inconsistent with what might be deemed conventional rules, may be readily conceded. Nevertheless, and assuming further that his conduct justified the inference that his mental faculties were impaired and weakened to an extent which warranted the conclusion, as stated by witnesses, that he was of unsound mind, there is nothing in the evidence which tends, either directly or inferentially, to prove that his testamentary act was in the slightest degree influenced or affected by the condition of mind which prompted him to say and do things upon which the witnesses based their opinion. "The rule of law is not that no person who is insane may make a valid will, but that the will of no person who, by reason of insanity, is incapable of making valid testamentary disposition shall be upheld." (Estate of Chevallier,
The judgment is affirmed.
Conrey, P. J., and James, J., concurred. *356