Estate of Nutt

This is an appeal by the proponent of an alleged will of Carolynn E. Nutt, deceased, from a judgment in favor of Martha and David Nutt, beneficiaries under an earlier will, who, being minors, sued by their guardian ad litem contesting the validity of the purported will of later date.

It appears, without conflict, that proponent of the later will, W. Ray Simpson, is the husband of Dr. A. Winegar Simpson, a physician practicing her profession at Long Beach. Mr. Simpson was connected with the Long Beach Sanitarium as manager. To that institution Mrs. Nutt came as a patient of Dr. Simpson in June, 1917. Later, the physician correctly diagnosed the malady of the patient as pellagra, and told Mrs. Nutt that she was afflicted with that disease.

In the month of August, 1917, Mrs. Nutt sent for Mr. George M. Martin, an attorney at law, and, after consulting with him, caused him to prepare a will, which, on the seventeenth day of August, Í917, was executed in due form. By this will, the contestants herein, who are niece and nephew, respectively, of the late husband of Mrs. Nutt, were made her sole beneficiaries.

In the month of September, 1917, Mr. Simpson entered into negotiations with…