Estate of Ramey

McLaughlin v. Welsh

Good Law
1923 Cal. App. LEXIS 447·62 Cal. App. 413·217 P. 135
Court of Appeal of CaliforniaJune 6, 1923Civ. No. 2607.California8,289 words

Opinion

Lead Opinion

Burnett, J.

The appeal is from a judgment denying probate of the purported will of Ellen E. Ramey, deceased, entered April 1, 1922. The judgment was based upon the verdict of a jury in favor of contestants, finding, first, that the testatrix on March 1, 1921, the date of the execution of the will, was of unsound mind, and, second, that she was then acting under the undue influence of proponent and appellant, Charles E. Welsh. The testatrix was a maiden lady of the age of seventy-three years at the time of her death in November, 1921. She left surviving her one brother and several children and grandchildren of deceased brothers and sisters as her sole heirs as law. She was the owner of personal property of the value of $14,000, consisting of bonds and money. For several years she had been subject to epileptic fits, but she was generally able to take care of herself, occupying for a long time prior to February 1, 1921, an apartment in the home of one Mrs. J. McFadden in Yuba City. At this latter date she became ill and needed and obtained the services of a physician, who advised her to go to a hospital. Acting upon his advice, she went to the Rideout Hospital in Marysville, remaining there for…

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