Estate of Kustel

Captain Alexis 0. Kustel was a member of the firm of Kustel & Wightman, having their principal place of business in San Francisco, but engaged in commerce in the South Sea Islands. In 1883, June 24, Captain Kustel set sail from the Island of Apia for another island of the Samoan group, in a leaky and unseaworthy vessel; during the night of his departure a fearful storm arose, and neither the vessel nor any of her crew or passengers was heard of subsequently hitherto; and by mariners and others conversant with the circumstance the vessel has been given up as lost with all .on board. Now comes into court Mrs. Elizabeth Kustel and presents for probate a paper alleged to be the olographic will of Captain Kustel, which is in these terms:

The authenticity of this document is established; under the statute (sections 1309, 1940, Code of Civil Procedure) it is proved to be entirely written, dated and signed by Captain Kustel. The sole question is as to the proof of his death. Is the court warranted in finding the fact of death from the circumstances under which Captain Kustel departed from Apia on the 24th of June, 1883? (1) The vessel in which

he set out to sea was unseaworthy; (2) the…