Carpenter

This is a contest in regard to a will, inaugurated after the will had been probated, and is the second appeal taken by proponents. ( 79 Cal. 382 .) It is from an order revoking the probate of the will, and from an order refusing a new trial.

There have been two trials, each before a jury, and twice the verdict has been to the effect that the decedent was of unsound mind, and that the will was the product of an insane delusion. On the last trial, special issues were submitted, and the jury not only found that the decedent was of unsound mind and under an insane delusion which caused him to make the will in question, but also that the will wms procured by the fraud and.undue influence of C. K. Bailey.

The contestants are three brothers of the deceased, a a sister, and the minor children of a deceased brother, all residents of the state of Vermont.

The beneficiaries in the will, who, by its terms, receive the bulk of the estate, are the children of O. K. Bailey. No relative is given anything by the terms of the will.

Carpenter was a native of Vermont, born about 1829. He left home when about twenty years of age, and is shown by the evidence to have been in California as early as…