Estate of Spangler

The sole issue in this controversy is the sanity of the testator. A paper, purporting to be a will made by Daniel B. Spangler, was filed in this court May 12, 1887, accompanied by a petition of H. H. Lynch, who is named in said instrument as executor, reciting that the testator died May 7, 1887, at Napa City, California, being a resident at the time of San Francisco, and leaving estate therein consisting of real and personal property of the aggregate value of about $6000. The testator left him surviving a wife, Catherine Spangler, but no children. At the time of making the will, February 17, 1887, the testator was about the age of fifty-four years. The operative items of the will are as follows:

The widow contests the probate of the will upon the ground that at the date of its execution, and for a long time prior thereto, the testator was not of a sound and disposing mind, and not competent to make a will by reason of insanity; and the proponent denies the allegation of insanity, and avers that the testator, at the date of the execution of the will and prior thereto, was of sound and disposing mind and memory, and fully understood the nature and character of the document…