In re Estate of Cunningham

Citations

• 52 Cal. 465

Syllabus

<p>CoNTESTnra a Winii.—If the probating of a will is contested on the ground that its execution was obtained by undue influence, evidence that the testator was intoxicated when it was executed is admissible in connection with other circumstances to show “undue influence ”; and if such testimony is introduced, the Court cannot take away from the Jury the right to find on the issue.</p> <p>Ixstbuctions to A Jubv.—If the instructions of the Court to the Jury are contradictory so as to confuse them in their deliberations, the verdict cannot be allowed to stand.</p>