Estate of Larendon

This is an appeal by proponent and appellant, Ruth P. Gonynor, of the will of John Rutledge Larendon, deceased, from a judgment denying probate thereof. The case was tried without a jury; judgment was entered following findings of fact that Larendon lacked testamentary capacity and was unduly influenced by one Robert Dalton at the time he executed the will.

Appellant contends the findings of undue influence and mental incompetency are not substantiated by the evidence. Aside from a point of evidence which we shall consider later, if the court's findings can be supported on either ground the judgment must be sustained. (Estate of Kirk, 161 Cal.App.2d 145 [ 326 P.2d 151 ].) The two grounds, however, may be related, i.e., a person who is mentally incompetent may be more susceptible to undue influence, or less able than a normal person to resist it.

The evidence of undue influence appears to amply support the judgment, and we shall address ourselves, therefore, to that issue.

Testator was 86 years of age when he was murdered by Robert Dalton on December 7, 1960. (People v. Dalton, 201 Cal.App.2d 396 [ 20 Cal.Rptr. 51 ].) The last will was dated May 31, I960; it left the entire…