Carpenter v. Bailey

Temple, C.

This is a contest in regard to a will, inaugurated after the will had been probated, and is the second appeal taken by proponents. (79 Cal. 382.) It is from an order revoking the probate of the will, and from an order refusing a new trial.

There have been two trials, each before a jury, and twice the verdict has been to the effect that the decedent was of unsound mind, and that the will was the product of an insane delusion. On the last trial, special issues were submitted, and the jury not only found that the decedent was of unsound mind and under an insane delusion which caused him…