This was a contest filed to an application for the probate of a document, presented as the last will of Jacob Solomon, deceased. The will and a petition for the admission to probate were filed on January 6, 1885, by Lazarus Solomon, named in the instrument as executor. On the eleventh day of February, 1885, there was filed the written contest (as amended) of Jennie Asch, the person referred to by testator in the seventh clause of his will, hereinafter given.

Six grounds of contest were specified by contestant, but the only ground covered by the opinion of the court below is the “second” one, stated in the contest as follows: “That at the time of signing of the said alleged will, the said Jacob Solomon was laboring under and controlled by the insane delusion that this contestant was not the child of said deceased.”

This ground of contest is aimed at the seventh clause of the will, which is in the following language: “I hereby declare that, prior to my coming to California, I was married to a woman named Hannah—whose other name I have forgotten; she was divorced from me by a decree of the Twelfth District Court of the State of California, on the 11th day of August, 1860; during our marriage a child was born of her; this child was not begotten by me, and was not my child; she is now living in this city; her present name is, I believe, Mrs. Jennie Von Stratton; I do not make in this my will, and do not intend to make, any provisions for said child.”

The important fact in the case turned out to be the date of the marriage of the testator with the contestant’s mother, as upon this hinged the testator’s belief with respect to contestant’s birth. The exact date of the marriage could not be shown, and it was capable of being fixed only by reference to certain events. The court found that' the marriage took place at the time of the Jewish feast of “Hanucah,” which was shown to have fallen during the Christian year 1854, in the tenth month of the Jewish calendar—the last half of the month of December, 1854, and the first half of the month of January, 1855. The birth of the child took place on the following first day of July, 1855, about six and one-half months after the marriage. It also appeared that about two months previous to the birth of contestant, the testator being away from home on business, had sent money to his wife, but that when he was informed afterwards of the date of the child’s birth, he declared that the child was not his; that subsequently he came to California, his wife afterward following and obtaining here a divorce against him by default, the complaint for divorce fixing the date of marriage as “- day of August, 1854,” and alleging the birth and existence of the child.