Estate of Hamburger

The decedent, M. A. Hamburger, sometimes known as Mose Hamburger, died in Los Angeles County October 29, 1930. A document in form a witnessed will, executed August 18, 1930, was in due time presented to the probate court as his last will and testament and without contest was admitted to probate as such. Later, Jennie Hamburger Marx, a sister of decedent, instituted a contest in which she asked that the probate of said document be revoked, basing her action on two grounds, to wit: (1) that at the time the deceased executed the will in question he was not mentally competent to make a will; (2) that said will was procured to be executed under the undue influence of D. A. Hamburger and his wife, Katherine Hamburger. The case went to trial before the court with a jury, and at the conclusion of contestant’s case a motion for nonsuit was made as to each cause of action on the ground that no evidence had been produced which would justify the cause being left to the jury for decision. The court granted the motion as to each cause and contestant appeals from the ruling.

The estate involved is large and substantial. The will was long and contained trust provisions. In reciting the facts…