Putnam v. Wells Fargo Bank & Union Trust Co.

Caution
1 Cal. 2d 162·1934 Cal. LEXIS 345·34 P.2d 148
Supreme Court of CaliforniaJune 28, 1934Sac. 4751California3,587 words

Opinion

Opinion

Shenk, J.

Adam Putnam died on June 24, 1930, at the age of about eighty-two years. He was a resident of Ferndale, Humboldt County, and left real and personal property of the value of nearly $300,000. Two children survive him, a daughter, Edna Putnam, and a son, the contestant, William Mason Putnam. The decedent made a will dated November 15, 1927, and a codicil thereto dated October 19, 1928. These instruments were filed for probate. The son, W. M. Putnam, filed an opposition to the probate thereof, alleging general insanity sufficient to deprive the decedent of testamentary capacity, and insane delusions directly affecting the testamentary acts. Answers to the opposition were filed by the contestant’s son, W. M. Putnam, Jr., a legatee under the will; by the Wells Fargo Bank & Union Trust Co., named as executor and trustee therein; by Edna Putnam, the decedent’s daughter, and by Mabel C. Putnam and Thomas M. Putnam, Jr., cousin and grandnephew, respectively, of the decedent, who also are legatees under the will. Testimony on both issues were received. A motion for a directed verdict was made on behalf of the proponents and denied. The jury found that the decedent was not of sound and…

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