Estate of Jones

I dissent from the order denying the petition for a hearing in Bank. In my opinion the evidence totally fails to show any such unsoundness of mind as would operate upon the testamentary capacity of the decedent. There was evidence of many eccentricities and peculiarities, including sudden outbursts of temper, but there was not one word of testimony indicating that up to the time of his last illness William Jones was not able to attend to all of his business matters in a normal way. There was no direct evidence contradicting the witnesses to the will" and the statements of the attending physician and the nurse that at the time of the making of his will he was of sound and disposing mind. Nor was there anything related in the testimony regarding his condition in the hospital or before he went there which would show that condition of general insanity which must have or even might have deprived him of the power of making a valid will. The decision in this case virtually overrules such cases as In re Redfield, 116 Cal. 641 , [ 48 Pac. 794 ], and In re Wilson, 117 Cal. 264 , [ 49 Pac. 172, 711 ], which hold that the evidence necessary to overthrow, on the ground of mental unsoundness, a…

This is an appeal from an order annulling and revoking the probate of a document admitted to probate as the last will of William J ones, deceased. The contest was initiated within one year after probate, by and on behalf of Lester William Jones, who alleges that he is an illegitimate son of the testator and that he was duly adopted as legitimate by the testator in the manner specified in section 230 of the Civil Code. The grounds of the contest were that at the time of the execution of the will the decedent was not of sound mind and that the execution of the will was procured by undue influence.

The cause was tried by a jury and a verdict was returned in favor of the contestant on both of the alleged grounds.

It is earnestly contended that the evidence is insufficient to support the verdict on either ground. There was no direct evidence of undue influence, but there was proof of circumstances from which the jury might with reason have inferred that the beneficiary of the will and certain other persons conspired to procure the execution of the will, and that, taking advantage of the weak condition of the testator in his last sickness, they prevailed upon him to make this will,…