Estate of de Brazil v. Castillo
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the county of Yavapai.- Frank O. Smith, Judge. STATEMENT OF FACTS BY THE COURT. On the twenty-eighth day of January, 1916, the superior court of Yavapai county, exercising its probate jurisdiction, ordered probated a document bearing date of December 30, 1915, as the last will and testament of Ygnacia de Brazil, deceased.
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APPEAL from a judgment of the Superior Court of the county of Yavapai.- Frank O. Smith, Judge. STATEMENT OF FACTS BY THE COURT. On the twenty-eighth day of January, 1916, the superior court of Yavapai county, exercising its probate jurisdiction, ordered probated a document bearing date of December 30, 1915, as the last will and testament of Ygnacia de Brazil, deceased. The said will so admitted to probate designated Andres Ochoa as the sole devisee of the testatrix, and nominated and appointed Robert E. Morrison as the executor of such will, directing that such executor act without bonds. On…
1Opinion of the CourtCunningham, J.
(After Stating the Pacts as Above). — ■ The appellants assign as error the insufficiency o£ the evidence to support the verdict and the failure of the evidence to sustain the judgment. The court has clearly based the judgment on the count of the complaint asserting testamentary incapacity as the grounds for contest. Such is manifestly the effect of the court’s findings of fact. The second ground for contest, undue influence, is wholly unsupported by the evidence, and the trial court so treats the matter by failing to mention any fact as established tending to prove undue influence exerted at…
2Cited by1 opinion
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