Seidel

Seidel v. United California Bank

Good Law
1968 Cal. App. LEXIS 1276·268 Cal. App. 2d 86·73 Cal. Rptr. 599·39 A.L.R. 3d 689
Court of Appeal of CaliforniaDecember 11, 1968Civ. No. 32849California2,163 words

Opinion

Lead Opinion

Nutter, J.

This is a will contest after admission of a will to probate which left the estate to strangers in blood, neighbors of the deceased.

Deceased Mary Julia Collins who was purported to have executed her will on November 5, 1964, died in Los Angeles on February 16, 1966. A petition for probate of will was filed February 25, 1966. The order admitting will to probate and for letters testamentary was made on April 4, 1966. A petition for revocation of probate of will in propria persona was filed on May 4, 1966 by appellant-contestant, William Seidel, who is not an attorney at law, as assignee of William P. Bricker, a first cousin by adoption of the deceased. The petition to revoke alleged that at the time of the execution of the will, the deceased was not of sound and disposing mind, that the will was not executed by her, that the decedent was under the undue influence of the sole beneficiaries (neighbors Eskil and Katherine Freid) and that any mark made by the deceased was at the fraudulent instance of the beneficiaries. After respondent’s answer was filed on March 3, 1967, appellant through counsel filed a document entitled “Supplement to Petition for Revocation of Probate of AVill”…

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