In Re Weber

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 226 This is an appeal from a decree of the superior court of the city and county of San Francisco dismissing a petition for the revocation of the probate of a codicil to the last will of deceased and from an order denying a motion for a new trial. Adolph C. Weber made his will August 29, 1905, and the codicil attacked was made April 5, 1906. He died at San Francisco, in the German hospital, on April 27, 1906. Both the will and the codicil were admitted to probate June 19, 1906. Deceased left surviving him a son, Adolph, and a married daughter, Mrs. Spranger, the latter being the contestant and appellant. At the time of her father's death she was in Europe; she returned to San Francisco on June 19, 1906, the day on which the will and codicil were admitted to probate, of which, however, she does not appear then to have *Page 227 had knowledge. On June 18, 1907, she filed her contest of the codicil on these grounds: 1. That at the time of its execution her father was not of sound and disposing mind; 2. Because of the undue influence of the…