Estate of Gardner

This case involves the contest of probate of the will of Dean R. Gardner. Contestants, Deanne Acuna and Ross Gardner, children of Dean, challenged the will on the basis Dean was without testamentary capacity; the will was a result of undue influence of Nancy Gardner, Dean’s wife; and the will was not executed in accordance with statutory requirements. Ross and Deanne also filed a petition to determine ownership of estate property and for an order directing Nancy to transfer property to the estate of Dean. Although there was a request for a jury trial, the court determined pursuant to Probate Code section 8252 that the parties were not entitled to a jury trial. After a court trial on the issues, the court determined that Dean had testamentary capacity, he was not subject to the undue influence of Nancy in the execution of his will, and the will was executed in accordance with statutory requirements. Judgment was entered in favor of Nancy. On appeal, Deanne and Ross contend that the court erred in refusing their request for a jury trial and there was insufficient evidence to support the court’s determinations.

Facts

Dean died on June 17, 1988. His will, executed on…