189 P. 103 | Cal. | 1920
This is a contest of the will of Ysabel Boronda de Soberanes, within one year after probate, by Porfirio Soberanes, her son, upon the grounds that the will was not properly executed, that the testatrix was of unsound mind, and that the will was executed under undue influence. The first ground of contest was withdrawn, and a motion of nonsuit was sustained as to the others. The contestant appeals from the judgment, claiming that the evidence was sufficient to establish a prima facie case for the jury. The testatrix died February 19, 1916, aged eighty-four years. By the terms of her will she left all of her property to her daughter Clotilda, with whom she was residing at the time of the execution thereof. The husband of testatrix died in 1887. Thereafter the testatrix deeded her inheritance to her son Abel. These transfers were unsuccessfully attacked by the other children (Soberanes v. Soberanes,
The appellant makes various assignments of error in the rejection of testimony. These assignments are grouped in the brief under two heads: First, rulings excluding certain evidence bearing upon the friendly relation between the mother and children. [3] As they had testified that such relations were friendly and such testimony was binding upon the court upon a motion for nonsuit, the appellant was not prejudiced by these rulings. The other rulings are grouped under the claim that they were erroneous for the reason that contestant had a right to show the weakness of mind of the testatrix upon the issue of undue influence. [4] There is no doubt of the correctness of the rule invoked, but an examination of the specific questions asked and objections made show that most of them called for conclusions, which were not proper to be offered in evidence. No effort was made to prove by intimate acquaintances the unsoundness of mind of testatrix, and the specific questions to which objections were sustained were not proper; such, for instance, as the following: "From your association, knowledge, and acquaintanceship with Mrs. Soberanes in 1901, was she competent to transact business for herself and understand business dealings?" This question called for a conclusion of the witness and the objection thereto was properly sustained.
Judgment affirmed.
Kerrigan, J., pro tem., and Lennon, J., concurred. *530