Grady

The action is brought by Julia and Eliza Grady, heirs at law of one Eliza Berry, deceased, against David Porter, who had been the sole executor of the last will and testament of said deceased, to recover from the latter the sum of eight thousand three hundred and twenty-eight dollars and fifteen one-hundredths, gold coin, and also the value of divers dresses, wearing apparel, jewelry, etc., which it is alleged that he had in his possession, belonging to the estate of the deceased, and which the plaintiffs had demanded of him, but which he had refused to deliver to them.

It appears that one Eliza Berry had departed this life in the year 1870, and thereafter the defendant Porter filed in the Probate Court of San Joaquin County an instrument in writing purporting to be her last will and testament, devising and bequeathing to the said Porter all her property, and nominating him her sole executor. Thereupon the plaintiffs here, the only heirs of said decedent, filed their written opposition to’the probate of the said alleged will, they claiming that it had not been properly executed by the deceased; that she was at the time under restraint, undue influence, and fraudulent…