In re Estate of Johnson
California Supreme Court
Appeal from an order in the Probate Court for the County of San Mateo. Bicknell, J. On the trial of the petition for the probate of the will, Pardon B. Johnson, the father and heir at law of the deceased, contested the petition, and appealed from the order.
1Opinion of the Court
Myrick, J.:
This is an appeal from an order of the Court below admitting to probate the will of the deceased, and from the order denying motion for new trial.
1. The question as to the soundness or unsoundness of mind of the deceased was á question of fact upon which there was a conflict of evidence. There was some evidence that, at the time of the execution of the proposed will, he was of sound and disposing mind, notwithstanding other evidence tending to show that for twenty years he had been addicted to the excessive use of intoxicating liquors, and had been for years, as one witness stated,…
2Cases cited2 opinions
- Jackson v. . JacksonNew York Court of Appeals · 1868
- Vaughan v. BurfordNew York Surrogate's Court · 1854
3Cited by16 opinions
- Jamison v. JohnsonCalifornia Supreme Court · 1953
- Hellman Commercial Trust & Savings Bank v. AldenCalifornia Supreme Court · 1929
- Williams v. WallerCalifornia Supreme Court · 1927
- Estate of WorrallCalifornia Court of Appeal · 1942
- Stevens v. StevensIndiana Supreme Court · 1891
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