Wochos

Wells Fargo Bank v. Wochos

Good Law
1972 Cal. App. LEXIS 1190·23 Cal. App. 3d 47·99 Cal. Rptr. 782
Court of Appeal of CaliforniaJanuary 25, 1972Civ. No. 27680California2,613 words

Opinion

Lead Opinion

Brown, J.

This is an appeal from a judgment admitting to probate a will dated December 10, 1962 and codicils dated December 12, 1962 and July 15, 1963, notwithstanding the special verdict of a jury that the testator lacked testamentary capacity on July 15, 1963.

The court also held, in effect, that the provisions of the July 15, 1963 codicil were wholly inconsistent with the dispositive provisions of two codicils dated February 6 and February 7, 1963, and that these codicils were therefore revoked. The documents admitted to probate named two nephews, Richard and Charles Wochos, as beneficiaries of decedent’s estate. The two codicils dated February 6 and 7, 1963 (which the trial court held were *50 revoked by the codicil of July 15, 1963) named the decedent’s nephews and nieces, approximately 26 in number, as the beneficiaries of his estate.

These nieces and nephews of decedent Jacob Wochos (except respondents Richard and Charles Wochos), and a nephew of Hazel Wochos, have joined in this appeal. They contend, first, that there was substantial evidence presented to the jury that the deceased lacked testamentary capacity on July 15, 1963, and therefore the trial court erred in its…

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