In the Matter of the Estate of I. G. WICKERSHAM, Deceased. CORA L. WICKERSHAM, Executrix, etc., and I. G. WICKERSHAM, a Minor, by CORA L. WICKERSHAM, Guardian, Appellants and Respondents, v. LIZZIE C. WICKERSHAM et al., Respondents and Appellants

Holding

The court held that the lower court did not abuse its discretion in granting a new trial on the grounds of insufficient evidence to support a finding that a contract was not procured by fraud and undue influence. The court further clarified that a purported waiver of a surviving spouse’s community property rights was void on its face, and that an agreement purporting to convey an heir’s expectant interest in a living person’s estate was legally inoperative.