Estate of Little

This is a proceeding in which the admission to probate of the holographic will of George A. Little, deceased, is contested by Clara M. Sparling, a sister of the decedent. At the close of contestant’s case, the court granted a motion for nonsuit, made by the proponents of the will, and admitted the will to probate. The appeal is by contestant from said order granting a nonsuit and from said judgment.

The grounds of contest were two, viz.: (1) That at the time of the making of the will said George A. Little was not of sound and disposing mind, in this, that he was under the influence of alcoholic drinks and other intoxicants to such a degree that he did not know what he was doing at the time; (2) That on the date of said will, and for several months prior thereto, decedent was mentally incompetent to execute a will and was diseased in mind to such a degree that he was lacking in testamentary capacity and was insane.

On the morning of October 30, 1917, George A. Little was found dead in the kitchen of his home near Fair Oaks, Sacramento County. He had committed suicide by attaching a piece of twine to the trigger of a shotgun, placing the muzzle of the gun in his mouth and pulling…