Estate of Campbell

On the twenty-first day of May, 1917, the will of Robert Campbell, deceased, was admitted to probate in the superior court of Butte County and letters testamentary were issued to Robert W. Campbell, as executor. On the 30th of May, following, the above-named contestants commenced these proceedings by filing their petitions praying for the revocation of said will on the ground that the deceased was, at the time of the making of the purported will, without testamentary capacity by reason of mental unsoundness. Issue was joined by the filing of answers by the proponents and the trial commenced, before a jury, on’October 8, 1918. After the introduction of testimony on behalf of both contestants and proponents the latter moved for a nonsuit, which was granted, and judgment was entered dismissing the action of the contestants. The appeal is by contestants from the order granting the nonsuit and from the judgment.

The contestants and the proponents, with the exception of Sallie Moore, are nieces and nephews of the deceased and are legatees under the will, the sums bequeathed to the contestants varying from ten dollars to one thousand dollars. The decedent left no wife or children and…