Estate of Sexton

This is an appeal from an order granting a new trial in a will contest after the jury had returned a verdict upholding the will.

The document offered for probate was executed by Mary Sexton at San Francisco, - on July 12, 1921. She died about three years later. Alva Daly, a daughter of the decedent, named in the proffered will as executrix, offered the instrument for probate. In due time Henry Sexton, the surviving husband of the testatrix, appeared and filed a contest. An answer to the contest was filed by all but one of those who were named in the will as legatees and devisees. Those thus…