Estate of Straisinger

Good Law

247 Cal. App. 2d 574·55 Cal. Rptr. 750

Court of Appeal of CaliforniaJanuary 3, 19678264California4,149 words

Opinion

Following a special jury verdict in a will contest before probate, a judgment was entered admitting Maude Straisinger's will to probate. Contestants appeal from the judgment.

In their written opposition to the probate of the will, contestants specified five grounds: Unsound mind, improper execution of the will, fraud, undue influence, and estoppel. Improper execution was abandoned at pretrial; the causes of action based upon unsound mind and estoppel were dismissed on a motion for a nonsuit at the close of contestants' case; and the jury was directed to find against contestants on the fraud cause of action. On undue influence, the only issue submitted to the jury, the verdict was adverse to the contestants.

[1] [See fn. 1] Contestants appeal on the following grounds: (1) The court erroneously granted a nonsuit on the estoppel cause of action and (2) on the undue influence issue, the court erroneously (a) excluded certain testimony and (b) failed to instruct the jury on the presumption of undue influence. [1]

Since the contestants do not attack the sufficiency of the evidence to support the jury verdict on the issue of undue influence, it is unnecessary to review the…

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Judges

Tamura

Cites (54)

247 Cal. App. 2d 574
3 Cal. 2d 427
60 Cal. 2d 852
59 Cal. 2d 668
199 Cal. 391
212 Cal. App. 2d 284
170 Cal. 578
176 Cal. 632
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207 Cal. 534
83 Cal. App. 782
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89 Cal. App. 2d 496
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60 Cal. 2d 367
83 Cal. App. 2d 534
162 Cal. 188
146 Cal. App. 2d 642
56 Cal. App. 2d 513
89 Cal. App. 2d 162
195 Cal. 95
231 P.2d 739