Estate of Gallo

The will of the decedent was duly admitted to probate and thereafter appellants filed their petition for revocation of the probate thereof. At the close of contestants' case the court granted a nonsuit and entered judgment of dismissal. The contestants have appealed from the judgment.

The contestants alleged mental incomp eteney, undue influence, fraud, menace, conspiracy and want of due execution. Appellants’ brief is not arranged in accordance with supreme court rule VIII [ 177 Cal. 1 , 176 Pac. ix ], requiring the presentation of “each point separately, under an appropriate subheading, showing the nature of the question to be presented,” but it sufficiently appears that appellants contend the evidence warrants the submission to the jury of the issues of mental incompetency and undue influence at least. It is charged that such undue influence was exercised by Dario Panini, Rose Bacigalupi, and Lena Ciari, beneficiaries under the will.

It appears from the evidence that in the year 1897 the decedent resided with her husband, Giacomo Gallo, in the city of Stockton. They had but one child, John Gallo, one of the contestants, who was then of the age of about ten years. July 24,…