Estate of Donovan

Appeal from an order admitting a will to probate.

The testatrix died testate on October 3, 1928, in Alameda County, leaving an estate of the approximate value of $10,000. The surviving heirs are her five children, all of whom are parties to this action. The will was filed by Ann J. Finney, one of the daughters of the testatrix. Mae Talbot, Lottie Theakston, Rena Jolly and William Donovan, the other four children, filed a contest. Admission of the will to probate was opposed upon the grounds of lack of due execution and undue influence. The issue of lack of due execution was withdrawn and on motion of the proponent, the court made its order granting a nonsuit on the issue of undue influence. Motion for a new trial was made and denied. This is an appeal from the judgment.

The sole question here presented is whether or not there is evidence in the record, viewed in the light most favorable to contestants, which would warrant the jury in concluding that the contested instrument was the product of the uncontrolled mind of the testator. As the correctness of the ruling of the court depends upon the evidence offered by the contestants, it becomes necessary to review the…