Scott v. Gerrish
California Supreme Court
APPEAL from an order of the Superior Court of the City and County of San Francisco admitting a will to probate and from an order denying a new trial of a contest of the will. J. V. CoFey, Judge. The facts are stated in the opinion of the count. M. M. Estee, A. Everett Ball, and Charles A. Shurtleff, for Appellant.
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APPEAL from an order of the Superior Court of the City and County of San Francisco admitting a will to probate and from an order denying a new trial of a contest of the will. J. V. CoFey, Judge. The facts are stated in the opinion of the count. M. M. Estee, A. Everett Ball, and Charles A. Shurtleff, for Appellant. The evidence establishes insane conduct and insane delusions of Mrs. Scott, amounting to monomania, and the fact that she might be otherwise of sound mind and memory cannot sustain a will in which the insane delusions were involved. (Elwell’s Medical Jurisprudence, 435; Duffield v.…
1Opinion of the CourtHarrison, J.
Angelia B. Scott died December 16, 1897, leaving a last will and testament with two codicils thereto, which were filed for prohate December 22d. Her husband filed a contest against their probate, and the issues made by this contest were tried by the court without a jury. Findings were made against the allegations of the contestant and in favor of the proponents of the will, and an order entered admitting the will to probate. The contestant moved for a new trial, which was denied, and from this order, as well as from the order admitting the will to probate, he has appealed. Various grounds of…
2Cases cited12 opinions
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