ESTATE OF HAZEL MANN, Deceased. NORMAN VAN GORP, Contestant and Respondent, v. ROY LAIRD SMITH, as Executor With the Will Annexed, etc., Claimant and Appellant
184 Cal. App. 3d 593 · A021934
California Court of Appeal, First Appellate District · Filed
Published · citable
Cited by 3
Holding
The court held that the judgment revoking probate of the will was unsupported by substantial evidence on the issues of testamentary capacity and undue influence, and that the trial court committed prejudicial error by failing to instruct the jury that the mere opportunity to influence does not alone constitute undue influence.
Statutes construed
- PROB § 20
- PROB § 371
- PROB § 6100.5
Cited by (3)
- STEPHEN ANDERSEN et al., Plaintiffs and Respondents, v. PAULINE HUNT, Individually and as Trustee, etc., Defendant and Appellant (2011) 196 Cal. App. 4th 722
- CHARLES GOODMAN, Plaintiff, Cross-defendant and Appellant, v. JOAN GOODMAN ZIMMERMAN et al., Defendants, Cross-complainants and Appellants (1994) 25 Cal. App. 4th 1667
- Restate of Swetmann (2000) 102 Cal. Rptr. 2d 457