Carpenter v. Bailey
California Supreme Court
Appeal from an order of the Superior Court of San Joaquin County denying a new trial. The facts are stated in the opinion of the court. The newly discovered evidence referred to in the opinion consisted of affidavits that the deceased had been ill treated and abused by his father, and did not care for any of his relatives except his mother and sister; that his brothers were sullen and quarrelsome in disposition; and that there was bad feeling between them and the deceased.
1Opinion of the CourtMcFarland, J.
This is a contest over the will of Charles W. Carpenter, deceased. Special issues were submitted to a jury, who found that the will was not procured to be made through fraud exercised by any one, and was not procured to be made in the form in which it was made through undue influence exercised by any one, and was executed and attested according to law; but the jury also found that the deceased, at .the time of the execution of the will, was “of unsound mind,” was “incompetent to make a will,” and did not have “ sufficient mental capacity to comprehend fully,” etc. Thereupon the court entered…
2Cases cited4 opinions
- People v. PicoCalifornia Supreme Court · 1882
- Estate of ToomesCalifornia Supreme Court · 1880
- People ex rel. Clough v. LevyCalifornia Supreme Court · 1887
- People v. FineCalifornia Supreme Court · 1888
3Cited by9 opinions
- Carpenter v. BaileyCalifornia Supreme Court · 1892
- Wheelock v. GodfreyCalifornia Supreme Court · 1893
- Estate of CarpenterCalifornia Supreme Court · 1900
- Bacon v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1934
- Hughes v. GrandyCalifornia Court of Appeal · 1947
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