Estate of Sandman

On November 15, 1928, the will of Solomon Sandman, deceased, was admitted to probate in the Superior Court in and for the City and County of San Francisco, and letters testamentary thereon issued to I. Levy. The will in question was dated July 18, 1928, and the testator died on October 23, 1928. By its terms there was bequeathed to Henrietta Marks, the daughter of the deceased, the sum of #10; to Mary Nicholson the sum of #500, the residue of the estate being bequeathed to Philip Sandman, a brother of deceased. It also contained a clause revoking a , previous will, which was dated November 3, 1926.

On April 8, 1929, Henrietta Marks filed her petition for the' revocation of the probate of the will, alleging that the deceased, due to unsoundness of mind at the time of its’ making, was without testamentary capacity, and for the same reason was incompetent to publish the same at any time between its date and the date of his death. Issue was joined and a trial was had by jury, which returned a verdict. for the contestant, by which it was found that the deceased was not of sound and disposing mind and memory. Thereupon judgment was entered revoking the probate of the will. The said…