Estate of HARRY C. STAUFFER, Deceased. R. N. PHILPOT et al., Appellants, v. MYRA STAUFFER HENRY et al., Respondents

142 Cal. App. 2d 35 ·

California Court of Appeal · Filed May 31, 1956

Published · citable Cited by 1

Holding

The court held that the trial court's finding of undue influence affecting the primary bequests to the attorney-draftsman and his secretary was supported by substantial evidence, but that the trial court erred in invalidating the entire residuary clause, as the bequests to two other beneficiaries, who were not shown to have participated in any undue influence, were severable and should have been admitted to probate.

Statutes construed

PROB § 101
PROB § 102
PROB § 103
PROB § 104
PROB § 126

Cited by (1)

Estate of ELMER L. SANDERSON, Deceased. BALBENA S. SYSTER, as Administratrix, etc., Appellant, v. O'NEILL P. MARTIN, as Executor, etc., et al., Respondents (1960) 183 Cal. App. 2d 740