Estate of Maescher

This is an appeal from a judgment denying probate to an alleged will of Louis J. Maescher, deceased, which judgment was rendered upon a verdict of a jury that said will was executed by Maescher while acting under the undue influence of Mrs. Lottie Logan, one of the beneficiaries thereunder.

As appellants contend that the evidence is insufficient to support the verdict of the jury and that their motion for a nonsuit made at the conclusion of the contestants’ evidence should have been granted, we shall state the facts herein rather fully with emphasis upon testimony supporting the verdict.

Louis J. Maescher married in 1902 and lived with his wife in Los Angeles, until 1912, when he left her, saying he would not return. Mrs. Maescher gave no cause for this action on his part, but, on the contrary, was a de voted, industrious wife and was heartbroken when her husband left her. The year before Mr. Maescher left his wife, he met appellant Lottie Logan and about a month after meeting her told her he was a married man. She went about with him to public places of amusement and during this year he would frequently return to his wife’s home at 3 and 4 o’clock in the morning. Shortly after…