Estate of Wood

The third and final testamentary act of Lillian B. Wood, deceased, came before the Superior Court of Los Angeles County upon a contest by certain relatives of the deceased husband of said testatrix. To the question as to whether or not at its date she was unduly influenced in its making and execution by her sister and brother-in-law a verdict was returned in the affirmative. Thereafter a motion for a new trial was granted, from which order the contestants appealed, upon the ground that the evidence was sufficient to sustain the verdict.

Briefly stating the appellants’ contention in support of the verdict of the jury, there w-as evidence tending to support the same had it withstood the test of scrutiny upon the motion for a new trial. They present as a basis for determining whether the testatrix was unduly 'influenced in making and executing her last wdll and testament the question as to whether or not Bert Harker and Mabel E. Barker, his wife, a sister of the deceased, sustained a confidential relationship toward her, actively participated in the making and execution of said will, at a time when the deceased was in a condition wffiieh would permit a subversion of her free wdll,…