Estate of Cook

In Re Estate of Cook

Good Law
1922 Cal. App. LEXIS 76·59 Cal. App. 279·210 P. 528
Court of Appeal of CaliforniaOctober 2, 1922Civ. No. 4292.California363 words

Opinion

Lead Opinion

Nourse, J.

This is an appeal from an order of the trial court restoring to competency the respondent Eliza Cook, who had been adjudged an incompetent by order of the superior court on October 25, 1917. The trial court found, after a full and fair hearing, that the respondent was of sound mind and capable of taking care of herself and of her property and that she was not likely to be deceived or imposed upon by artful or designing persons.

Appellants, who are sons of the respondent, attack the order upon the ground that the evidence is insufficient to support this finding and upon the further ground that the witnesses called by respondent to testify as to her competency were not intimate acquaintances of the respondent having sufficient knowledge of her business ability and af fairs to qualify them as witnesses upon the subject matter of respondent’s competency.

As to the first point, respondent presented a mass of evidence of medical witnesses and others who had had business dealings with her for many years past, and the weight of all this testimony was to the effect that the respondent was of sound mind, able and competent to take care of herself and of her property, and not likely to be…

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