In re Yoakam

Emily R. Yoakam died in the county of Los Angeles, leaving an alleged last will, which was dated March 4, 1893. The respondents filed in the court below the said will and their petition, asking that the same be admitted to probate. / In due time the appellant appeared, and contested the probate thereof upon the grounds, among others, that its execution was procured by the undue influence of certain persons, none of whom were named therein as legatees or executors. A general denial of all the allegations contained in the written grounds of opposition was filed by respondents.

By agreement, the issue as to the alleged undue influence in procuring the execution of the will was submitted to a jury, and by their verdict the jury found in favor of appellant on that issue.

Subsequently, on motion of respondents, the court made and entered its order granting a new trial of the contest, and from that order this appeal is prosecuted.

The notice of the motion for a new trial stated that the motion would be made upon the minutes of the court, and upon the ground that the evidence was insufficient to justify, the verdict. Appellant contends—and this is the only point made for a…