Edwards

Edwards v. Martin

Good Law
1969 Cal. App. LEXIS 1553·270 Cal. App. 2d 506·75 Cal. Rptr. 911
Court of Appeal of CaliforniaMarch 10, 1969Civ. No. 24713California4,890 words

Opinion

Lead Opinion

David, J.

Decedent Roy A. Martin, widower, died in Napa State Hospital May 10, 1965. A will signed by him on October 10, 1963, was offered for probate by Bob Lynn Edwards, designated as executor therein. Attorney Edwards, who had probated Mrs. Martin’s will in 1962, and Francis McLaughlin, a bank officer acquainted with Martin in that business capacity only, were the sole legatees named therein. This will was denied probate after a contest brought by Wayne Martin, decedent’s nephew and sole heir at law, who was the sole beneficiary and executor of a 1962 will executed by Roy A. Martin. Under appropriate instructions, the jury, after a long trial, found that Roy A. Martin was of unsound mind and lacked testamentary capacity when he signed the October 10, 1963 instrument. Though the evidence would have permitted a contrary conclusion, there is substantial evidence to" support the findings of the jury, and the judgment therefore is affirmed.

*509 ■ Upon this appeal, we are limited to a determination whether there was such substantial evidence, contradicted or uneontradicted, to support the verdict of the jury, and the judgment of the trial court. Hence “it would be but an idle act to attempt…

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