Estate of Bemmerly

This is an appeal by the above-named contestants from a judgment of the superior court in favor of the respondents based upon a directed verdict.

On the twenty-fifth day of August, 1928, Emilie V. Bemmerly, a resident of Yolo County, died in the city of Berkeley. On the seventeenth day of September, 1928, an order was made by the Superior Court of Yolo County admitting to probate a certain writing as the last will and testament of said deceased. On the tenth day of September, 1929, the' appellants began an action to contest the admission of said writing to probate as the last will and testament of said deceased, and prayed judgment of the superior court revoking the probate thereof. Paragraph VI of the contest filed by the appellants reads as follows: “That at the time when said purportéd last will and testament was executed, the deceased was incompetent to make a last will and testament, and was not of sound and disposing mind or memory.” It appears from the record that the cause was tried upon the issue of the soundness of mind of the testatrix. "While the testimony set forth in the transcript appears to be practically overwhelming in support of the writing as the last will and…