Ross

This is an appeal from a judgment of court upon verdict of a jury in favor of proponents in a contest of the will of Isaac J. Ross, deceased.

There was a former appeal, in which this court reversed a judgment entered aftér the sustaining of a motion for non-suit. (E state of Ross, 173 Cal. 178 , [ 159 Pac. 603 ].) At the second trial the contestants introduced virtually the same testimony as that produced" upon the previous hearing, and, as a summary thereof was given by Mr. Justice Henshaw in the opinion which appears in the one hundred seventy-third volume of the California Reports, we refer to that opinion as containing a fair statement of the essential matters regarding which testimony Avas given for the contestants.

This testimony was opposed at the second trial by that of witnesses Avho stated their belief that Mr. Ross Avas of sound and disposing mind at the time of the testamentary act. Some of these witnesses were old friends who had known Mr. Ross long and intimately. "Some of them visited him frequently during his last illness, and they testified that his mind was unusually bright and vigorous for one of his age, in spite of his great physical weakness. One witness…