Estate of Little
Opinion
Lead Opinion
Curtis, J.
This is an appeal from a judgment vacating and setting aside an order admitting to probate the will of Mary D. Little, deceased, and from an order denying a new trial, and also from an order refusing to vacate and set aside said judgment.
The contest of said will was instituted by respondents and was based upon fraud, unsoundness of mind, and undue influence of Anna F. Curson, Samuel T. Curson, Albert E. Curson and W. I. Foley. At the conclusion of respondents’ testimony and upon their motion the court dismissed the contest as to the issue of unsoundness of mind of decedent.
Mary D. Little died February 3, 1920, at Los Angeles, California. At the time of her death she was, and for many years prior thereto had been, a resident of said city. She left surviving her as her heirs at law the appellant, Anna F. Curson, her daughter; and the respondents, Samuel M. Little, her son; and Victor Thompson, Mary L. Knapp, Ruby Harris, Jane R. Spencer, Adah F. Dolson and Emma J. Held, grandchildren of said deceased and children of her deceased daughter, Mary M. Thompson; also Lewis P. Ferguson, her great-grandson by Mary D. Ferguson, deceased, daughter of Emma J. West, deceased, daughter of…