Gorp v. Smith

Opinion

KLINE, P. J.

Appellant Roy Laird Smith appeals from a judgment revoking probate of the will of Hazel Mann after a jury found that decedent was of unsound mind at the time she executed the will and that execution of the will was obtained through appellant’s undue influence. Appellant contends the verdict is unsupported by the evidence and that the trial court committed prejudicial error in failing to give a requested jury instruction pertaining to undue influence. We agree with all appellant’s claims and, accordingly, shall reverse the judgment.

Facts

Hazel Mann, a resident of Mill Valley,…