Estate of Baldwin

Elias J. Baldwin died, leaving a vast estate which is in process of administration in the probate court of the county of Los Angeles. Beatrice Anita Baldwin, otherwise known as Beatrice Anita Turnbull, appeared by her guardian (she at that time being a minor, though she has since attained her majority) and petitioned for partial distribution of the estate to her as a pretermitted child of deceased. (Civ. Code, sec. 1307.) A jury was empaneled to try the issues presented, by this petition and the opposition thereto filed by the admitted heirs at law, and, after the taking of voluminous testimony, the trial judge withdrew the cause from the consideration of the jury and directed the jury to return a verdict for the contestants, stating the reason therefor to be that “as matter of law the evidence in this case falls far short of the requirements necessary to constitute a marriage.”

The conditions under which the course pursued by the court in this instance is held to be proper are defined by a series of uniform decisions of this court, to which it will be sufficient to make reference. The doctrine of scintilla of evidence is rejected, as it is by the courts of the United States.…