Estate of AUGUSTA C. CALLAHAN, Deceased. HARRIETT A. FINLEY et al., Plaintiffs and Appellants, v. MARGARET C. YOUNG, as Executrix, etc., et al., Defendants and Respondents

67 Cal. 2d 609 · LA29255

Supreme Court of California · Filed November 7, 1967

Holding

The court held that the trial court erred in granting a nonsuit on the issue of testamentary capacity, as the contestants' evidence, when viewed in the light most favorable to them, was sufficient to create a triable issue of fact requiring submission to the jury.

Statutes construed

PROB § 380

Cited by (1)

Estate of ROY A. MARTIN, Deceased; BOB LYNN EDWARDS, Petitioner and Appellant, v. WAYNE STANLEY MARTIN, Objector and Respondent; FRANCIS J. McLAUGHLIN, Claimant and Appellant (1969) 270 Cal. App. 2d 506

Authorities cited (3)

Estate of LUCY T. BECKLEY, Deceased. SAN DIEGO HUMANE SOCIETY et al., Contestants and Appellants, v. LAWRENCE C. KUEBLER, as Executor, etc., et al., Defendants and Respondents 233 Cal.App.2d 341
In the Matter of the Estate of MARY E. NEWHALL, Sometimes Known as M. E. NEWHALL, Deceased 190 Cal. 709
Estate of VIVIAN LINGENFELTER, Deceased. LENORE DeARMOND, Respondent, v. MADGE TUCKER et al., Appellants 38 Cal.2d 571