Fransen

Fransen v. Wiebe

Good Law
151 Cal. Rptr. 158·1978 Cal. App. LEXIS 2221·87 Cal. App. 3d 594
Court of Appeal of CaliforniaDecember 21, 1978Civ. No. 42864California2,419 words

Opinion

Lead Opinion

Taylor, J.

Dan Wiebe, the executor, appeals from a judgment entered on a special verdict revoking probate of the purported June 11, 1975, will of Anna D. Clegg on the petition of her surviving heirs at law. 1 He contends that there was insufficient substantial evidence to support *598 the verdict and judgment as to lack of sufficient testamentary capacity and undue influence of Lincoln Glen Manor for Senior Citizens. For the reasons set forth below, we have concluded that the judgment must be affirmed.

Viewing the record in favor of the verdict and judgment, the following pertinent facts appear: Anna Clegg was bom on September 19, 1892, in Minnesota. She moved to California in 1921 and to Lincoln Glen Manor for Senior Citizens (Lincoln Glen Manor) in July or August 1973. She died on February 15, 1976, and left an estate valued at $72,800.

Prior to entering Lincoln Glen Manor, Mrs. Clegg visited Dr. Buford Wardrip on July 18, 1973, for a physical examination. During that initial examination, Dr. Wardrip determined that Mrs. Clegg was suffering from arteriosclerosis, which has the effect of slowing all the processes of the body. Dr. Wardrip also examined Mrs. Clegg in January 1974,…

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