Estate of Lounsberry

This is an appeal from an order admitting to probate a formal will which a jury found the 74-year-old testatrix executed when she was of sound mind and not acting under the undue influence of respondent, Appellant does not attack the sufficiency of the evidence to support the jury’s findings, but assigns as error the trial court’s order granting a nonsuit on the ground of fraud, and certain rulings in the rejection of evidence. Procedurally, the granting of the nonsuit was incorrect. (Estate of Jamison, 41 Cal.2d 1, 6 [256 P.2d 984].) However, the scope of review is the same as if a verdict…