Estate of Johanson

BISHOP, J. pro tem.

I dissent. There was a crucial question in this case which, in my judgment, the jury should have been permitted to answer. The question was not in the ease when the trial began. Interestingly enough, the allegations concerning it were added “to conform to proof,” yet a nonsuit was granted on the ground that they had not been proved. The question was this: Did Mrs. Johans on know the contents of the document which was probated as her will? The contention that she did not, constituted a valid ground of contest. Section 371 of the Probate Code, which follows closely the last…