Estate of Withington

On October 23, 1925, Carl Withington died testate at San Diego, California, leaving him surviving a widow, Georgia May Withington, contestant and appellant herein, and a brother and three sisters. By his will, dated October 15, 1925, he gave, devised and bequeathed to Louis ICucick and Peter Donarlache $10,000 each, to one Lucille Moore, $20,000, and to his brother and sisters the rest, residue and remainder of his estate, share and share alike, “understanding that my wife, Georgia May Withington, takes by operation of Taw, upon my death, certain of our community property.” The widow contested the will upon various grounds, and at the conclusion of her evidence the jury were instructed to return a verdict in favor of the proponents. Judgment having been rendered accordingly, she appealed therefrom.

Three grounds or causes of action were asserted in the petition for revocation of the will, and for letters of administration. First, insanity was alleged, in that from some period prior to October 15, 1925, to the date of his death, the testator was not of sound or disposing mind or memory to make a will or to dispose of his property, or to understand his relations to other persons.…