Estate of Peacock

James C. Peacock died at his home in Berkeley on the eleventh day of October, 1928. Thereafter Loyal R. Peacock presented to the probate court a document purporting to be the last will and testament of the deceased and applied to have the same admitted to probate. Shortly thereafter Zilpha N. Peacock, as the surviving wife of the decedent, filed a contest. The contest was answered and a trial was had before the trial court sitting, with a jury. The jury returned a verdict in favor of the contestant and an order was entered refusing to admit the will to probate. From that order the proponents have appealed and have brought up a typewritten record.

The second amended contest was based on two grounds, unsoundness of mind, and undue influence. At the conclusion of the proceedings had in taking the evidence all issues were abandoned by the contestant except that of undue influence. The proponents assert that there was no evidence introduced to sustain the allegations of undue influence. In support of this assertion they print upwards of 150 pages of the testimony. In reply the contestant summarizes the case and calls to our attention such portions of the record as, according to her…