Estate of Kirk

This is an appeal by proponents Adeline Kirk, L. P. Gebhardt, Jess Leach and Vesta Leach of the will of Frederick Kirk, deceased, from a judgment entered denying probate thereof. The judgment was entered pursuant to a special verdict of the jury finding that Frederick was induced to sign the proposed will by means of the undue influence of Phil Gebhardt, and that Frederick, at the time of said execution, was not of sound and disposing mind. The proponents contend that the findings of undue influence and mental incompetency are not supported by the evidence. Necessarily, therefore, if the conclusion of the jury can be supported on either ground, the judgment must be sustained. Since it ap pears that the evidence upon the question of competency amply supports the judgment, we shall limit this opinion solely to that issue.

' The testator executed the contested will on August 3, 1950. He died on April 15, 1956, at the age of 78 years, survived by two sons—Charles Ellsworth Kirk and Oscar Kirk, the contestants.

At the time the will was executed, as at the time of his death, the decedent was the owner of real property in Amador County consisting of the Mount Echo Ranch containing…