Estate of Hanlon

After the death of Ellen Hanlon, when her purported will was offered for probate, one of her daughters, Agnes Berg, filed an objection and protest against the will being admitted to probate. Thereafter a trial of the contest was had and a judgment went for the contestant and the proponent has appealed under section 953a of the Code of Civil Procedure.

In her attack the contestant specified two grounds; one that at the time of the execution of the will the decedent was mentally incompetent to make, execute or subscribe a will; and, second, that at the time of the execution of the will the decedent was acting under the undue influence of various persons, and in particular Mamie Ludinghouse, another married daughter.

In her opening brief the appellant made the point that there was no conflict in the testimony and that the testimony adduced at the trial was such that it fails to support the judgment on either theory. In her reply to this point the respondent sets forth by question and answer the testimony which she claims supports the judgment on the basis of undue influence. We shall take up these two theories separately in the order stated in the respondent’s brief.

As to the…