Estate of Olson

This is an appeal on the judgment-roll from the decree of the superior court of Alameda county, refusing probate of the will of Albertina Olson, wife of Oliver Olson, appellant herein. A general demurrer to the grounds of contest was overruled, no special demurrer was interposed, and Olson, contestee, answered, denying specifically the averments of the contest relating to the issue of undue influence. The cause was tried by the court without a jury and contestants had judgment.

The will is brief. It first declares that the testatrix is of sound mind, and is “not acting under duress, menace, fraud or undue influence of any person whatever”; secondly, it devises and bequeaths to Oliver Olson, her husband, all of her property, and further states: “I have eight descendants, to wit, five children [naming them] and three grandchildren [naming them] whom I purposely timit from the provisions of this will, as I have already advanced and paid to each of them his or her full share of my property.” Lastly, she appoints her husband executor without bonds.

The “descendants,” except Elfrida Hall, a daughter, are the contestants mentioned in -the will.

It is contended by appellant, first,…