In re Bullard's Estate

This is an appeal from an order refusing to admit a proposed will to probate. The testator, James H. Bullard, died at the age of about seventy-six years, leaving, surviving him, three grown-up sons. His estate consisted of real property in the city and county of San Francisco of the alleged value of $6,000. Eight days before his death he executed the will in question, and by it devised all of his estate to his eldest son, except a nominal legacy of five dollars to each of the other two. The eldest son presented the will for probate, and his brothers contested it upon the grounds, first, that the alleged will offered for probate is not and was not the last will, or any will, of James H. Bullard, deceased; second, “that said James H. Bullard, at the alleged time of the pretended making and execution of said pretended will, was not of sound and disposing mind”; third, that the testator, if he made the pretended will at all, was induced by the proponent and his wife to sign it by and through fraud and undue influence. The proponent answered, denying “that, at the time of the making or execution of said will, said James H. Bullard was not of sound or disposing mind,” and also denying…