Keith

Keith v. Graham

Good Law
1963 Cal. App. LEXIS 1854·218 Cal. App. 2d 827·32 Cal. Rptr. 617
Court of Appeal of CaliforniaAugust 1, 1963Civ. No. 266California2,473 words

Opinion

Lead Opinion

Conley, J.

This is an appeal from an order admitting to probate the last will and testament of Jessie Sauls. The contestants, Violet Keith, a niece of decedent, and Henry Cadwell, who was beneficiary under a preceding holographic will, appeal.

The decision of this case requires the application of the well-established rule that if a trial court has substantial evidence to support its findings and order, the appellate court is without power to interfere with the conclusion of the court below. Our review is necessarily limited then to the question whether or not the trial judge had ample evidence upon which to base his findings; if the answer is affirmative, we must approve the order, even if there is other evidence in the record which, if it had been accepted by the trier of fact, would have justified a contrary order equally unassailable on appeal.

In Estate of Bristol, 23 Cal.2d 221, 223 [ 143 P.2d 689 ], it is said: “The rules of evidence, the weight to be accorded to the evidence, and the province of a reviewing *830 court, are the same in a will contest as in any other civil case.”

In Estate of Teel, 25 Cal.2d 520, 527 [ 154 P.2d 384 ], the Supreme Court points out the duty of an…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.