Estate of Dolbeer

This was a contest of the will of Bertha; M. Dolbeer, deceased, instituted after its admission to probate. The grounds of the contest were the mental incapacity of the deceased to execute a will and alleged undue influence exercised upon the mind of the testatrix by Etta Marion Warren, the principal beneficiary of the testatrix’s bounty. In Estate of Dolbeer, 149 Cal. 227 , [ 86 Pac. 695 ], this court considered the contest of Adolph Schander before the probate of Bertha M. Dolbeer’s will. The present contest was instituted by another maternal uncle of Bertha M. Dolbeer, Horatio Schander. It was tried by the court without a jury, and determined adversely to contestant. From the judgment denying the petition for revocation an appeal was-taken, which appeal was by this court dismissed. The present appeal is taken from the order of the court denying petitioner’s motion for a new trial because of asserted errors, of law committed at the trial, and upon alleged newly discovered evidence.

For the history and facts in this matter reference may be-made to the Estate of Dolbeer in the 149th volume of our reports. It may be added that upon the question of the insanity of the deceased the…