Moorehead

This is an appeal by Opal Pope, the proponent of the will of John Edward Calway, deceased, from a judgment denying probate thereof. The judgment *270 was entered pursuant to a special verdict of the jury finding that the decedent was induced to sign the proposed will by means of the undue influence of Opal Pope, and that the decedent, at the time of said execution, was not of sound and disposing mind. The appellant contends that the findings of undue influence and mental incompetency are not supported by the evidence, and that the trial court committed prejudicial error in the admission of certain evidence and in the instructions to the jury. There is no merit in any of these contentions.

The decedent executed the contested will on October 16, 1957; the testator, a bachelor, died on October 27, 1957, at the age of 82, survived by his sister, the respondent, Rae Moore-head. At the time of his death, John Edward Galway was the owner of real property in San Martin, in Santa Clara County. By the contested will of October 16, 1957, he left his entire estate to the appellant; Francis Crawford was named the executor. The will also stated: “I further declare that I have no children or…