Kell
Mason v. Kell
Opinion
Lead Opinion
Woodfred, J.
A purported will of Raymond G. Kell, decedent, executed about September 10, 1957, was denied probate upon several grounds.
We will first consider whether or not there is substantial evidence in support of the trial court’s finding that decedent was not of sound mind at the time of execution of the purported will. 1 Our examination of the record convinces us *287 that this question must he answered in the affirmative and the judgment affirmed.
The decedent operated the Uvas Dam Resort, consisting of a cafe, bar, swimming pool, picnic and camping grounds.
One Clark Heckendorn worked for him as life guard at the swimming pool during the last two and one-half years of decedent’s life. He testified decedent was an alcoholic. The witness never saw him when he was not showing some influence of alcohol. He saw him almost every day during the last six months of his life. Most of the time he would be showing the effects of alcohol to the point that he would be staggering. During the last two months of his life he was usually drunk. Even before that he was an alcoholic. His face showed signs of it.
One day around September the witness had occasion to go into the bar with two Mexican…