Finlay

Finlay v. Lester

Good Law
1963 Cal. App. LEXIS 2358·219 Cal. App. 2d 164·33 Cal. Rptr. 5
Court of Appeal of CaliforniaAugust 9, 1963Civ. No. 27085California2,721 words

Opinion

Lead Opinion

Fox, J.

Appellant, Serena Lester, ivas named as executrix of the will of Fred Wright, the decedent, which was dated August 3, 1959. The will was admitted to probate, and appellant duly qualified as executrix following the death of decedent on June 17, 1960. Frederic Finlay, a nephew and *166 legatee of decedent, filed a contest to a codicil to decedent’s will, dated June 9, 1960, on, inter alia, 1 the following grounds: (1) that decedent was acting under the undue influence of appellant who “substituted her will in place of” decedent’s and “threatened to put him [decedent] in an institution unless lie cooperated with her”; and (2) that decedent was not of sound and disposing mind at the time of the execution of the codicil. The court found for the- contestant on both of these issues, and entered a decree that the codicil be denied probate.

The basic issues on appeal are: (1) undue influence was not established; (2) there was no evidence to support the finding that decedent was of unsound mind.

The codicil covered the following items: (1) the equity in a 1957 Porsche automobile, apparently owned jointly by decedent and appellant, was bequeathed to appellant, provided she assumed any…

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