Estate of Martin

The will of Michael Martin was offered for probate by the Savings Union Bank and Trust Company, a corporation, named in the will as executor thereof. A contest over the admission to probate of this will was instituted by the three adult children of the deceased,—two married daughters, Ellen Taylor and Ann Lowney, and one unmarried son, Frank H. Martin. The contest was heard and determined before a jury. The sole ground of contest presented to the jury’s consideration was that of the unsoundness of mind of the testator. The jury’s verdict declared the will to be the product of an unsound mind. The trust company prosecutes this appeal.

At the time of the execution of this will, July 13, 1912, Michael Martin was seventy-seven years of age. About six months thereafter he died at the Emergency Hospital in San Francisco from injuries occasioned by a collision with a horse and wagon. By his will he recognized that all of the property owned by him was community property. The moiety over which he had the power of testamentary disposition-he left in part to his sister, creating a trust fund for her benefit during her lifetime. The corpus of the trust upon her death, with all the remainder…