Estate of Alexander

This is an appeal from a judgment denying the petition to probate a will on the ground of lack of testamentary capacity.

Barney Alexander died February 25, 1929, in Napa County, aged ninety-nine years. He left surviving him a widow sixty years of age and several unnamed heirs who resided in Europe. He was possessed of an estate of small value, consisting entirely of community property. At the time of the marriage of Mr. and Mrs. Alexander, he was without means. She then owned a few hundred dollars. They acquired a small mercantile business which prospered solely through her economy and personal management. In the course of their thirty years of married life they thus accumulated a few thousand dollars. The spouses lived in comparative harmony except for the period of a few months in 1928, during which time they were separated by domestic trouble. At this time Barney Alexander commenced a suit for divorce against his wife on the ground of cruelty. They were soon reconciled and the action was dismissed. They afterward lived together until the occasion of his death. Several witnesses testified Mrs. Alexander always treated her husband with kindness and consideration. There were no…