Estate of Fossa

Appellants contested the will of Andrea Fossa on the ground of lack of testamentary capacity. Respondents' motion for a directed verdict was denied. The jury was unable to reach a verdict, and respondents then moved for entry of judgment in their behalf, pursuant to Code of Civil Procedure section 630. The court granted respondents' motion and admitted the will to probate. This appeal challenges the judgment.

[1] It is long established that in ruling on a motion under Code of Civil Procedure section 630 the trial court is governed by the same rules which circumscribe its power to grant a motion for a nonsuit. (Estate of Lances, 216 Cal. 397, 400 [ 14 P.2d 768 ]; Jaehne v. Pacific Tel. & Tel. Co., 105 Cal.App.2d 683 [ 234 P.2d 165 ].) [2] If there is any substantial evidence tending to prove in favor of the contestants all the facts necessary to make out their case, they are entitled to have the case go to the jury for a verdict on the merits. [3] In our consideration of this appeal we must take as true all evidence tending to prove the contestants' case, together with all reasonable inferences to be drawn from such evidence, disregard all evidence which does no more…