Legal Opinion

Estate of Kirk

California Court of Appeal

Decided June 6, 1958No. Civ. 9247PublishedCited by 9 opinions

1Opinion of the CourtPeek, J.

This is an appeal by proponents Adeline Kirk, L. P. Gebhardt, Jess Leach and Vesta Leach of the will of Frederick Kirk, deceased, from a judgment entered denying probate thereof. The judgment was entered pursuant to a special verdict of the jury finding that Frederick was induced to sign the proposed will by means of the undue influence of Phil Gebhardt, and that Frederick, at the time of said execution, was not of sound and disposing mind. The proponents contend that the findings of undue influence and mental incompetency are not supported by the evidence. Necessarily, therefore, if the…

2Cases cited4 opinions

  1. Estate of Bristol v. YoungCalifornia Supreme Court · 1943
  2. Teel v. GaskillCalifornia Supreme Court · 1944
  3. Smith v. SpauldingCalifornia Supreme Court · 1926
  4. Bacon v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1934

3Cited by9 opinions

  1. Estate of MorganCalifornia Court of Appeal · 1964
  2. Estate of LarendonCalifornia Court of Appeal · 1963
  3. Edwards v. MartinCalifornia Court of Appeal · 1969
  4. Estate of CalwayCalifornia Court of Appeal · 1961
  5. Estate of NigroCalifornia Court of Appeal · 1966

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