Masrobian v. Atmajian

Charles Masrobian, the testator, died June 3, 1960, a resident of Fresno County. A petition for probate of will and issuance of letters testamentary was filed by the named executrix Azniv Atmajian on June 6, 1960. Among other things, her petition alleged that the estate consisted of a bank deposit of about $8,000 in Fresno and a savings and loan deposit of about $11,000 in Chicago, Illinois. The will was dated January 12, 1960. The executrix, her sister Arshalous Ametjian and her brother Gueragos Mana selian, proponent and respondents (hereinafter referred to as respondents) are the sole beneficiaries under the will. Written opposition to the will was filed by contestant-appellant Mano Masrobian, brother of the decedent (hereinafter referred to as contestant) on June 16, 1960. The grounds of contest were: (1) that the testator did not have testamentary capacity; (2) that the will was not duly executed; and (3) that the will was the product of undue influence by respondents Azniv Atmajian and Arshalous Ametjian. All these allegations were denied by respondents in a verified answer by the legatees and devisees and Azniv Atmajian as executrix.

After the contest of will was filed,…