Estate of Hayden

Sarah C. Hayden died in the county of San Joaquin on the sixth day of June, 1904. After her death A. L. Westing, her grandson and one of her heirs, applied for letters of administration upon her estate, alleging her intestacy. About nine months before her death Mrs. Hayden, who had become paralyzed in the latter part of the year 1902, and who had failed physically and mentally from that time, was declared incompetent, and Westing was appointed her guardian, and continued to act as her guardian until the time of her death. Frederick H. Collins, a nephew by marriage of the deceased, filed a petition in opposition, alleging that Mrs. Hayden had died leaving a last will and testament, and that Westing and a hired servant, or some person acting with them and under their direction, had taken, carried away, and concealed the last will and testament wherein Westing was disinherited for the purpose of enabling him to obtain the property for himself. The petition sets up what was alleged to be a copy of the will and a codicil thereto. The court refused probate of the alleged will, and granted letters of administration to Westing, and from its decrees these appeals are taken.

It is first…