Estate of Johnson

A document purporting to be the last will of the above-named decedent was duly offered for probate. Three of the heirs of decedent duly appeared and filed their opposition to the probate thereof upon the grounds that the same was not executed by the decedent and that at the time of the purported execution thereof the decedent was not of sound and disposing mind. The contest was tried by the court without a jury. The court found that at the time the instrument was executed the decedent was not of sound and disposing mind. Judgment was entered upon the findings denying probate of the purported will. Prom this judgment Hattie M. Sligar, one of the beneficiaries under the purported will, has appealed. The only ground urged for a* reversal of the judgment is that the evidence is insufficient to support the finding to the effect that the decedent was mentally incompetent to make a will. The provisions of the purported will material here are as follows:

The evidence bearing upon the mental capacity of the decedent, in addition to the terms of the will itself, consists of the testimony of witnesses as follows:

M. J. Wilcoxon: “I am the warden in the Sutter County Hospital. ... I have…