In re Estate of Dalrymple

Citations

• 67 Cal. 444
• 7 P. 906
• 1885 Cal. LEXIS 665

Syllabus

<p>Will — Contesting Pbobate—Jury Tbial.—In a contest as to the probate of a will, where a jury was impaneled to try the issues, the contestants were not prejudiced by the action of the court in submitting to the jury certain issues proper in themselves, but amounting substantially to a repetition of others presen tedby them and allowed by the court, and on which the jury found against them.</p> <p>Id.—Pbactice—Cedes of Proof.—In such a case, the contestants are plaintiffs, and have the affirmative of all the issues raised by the contest.</p> <p>Id.—Insanity—Evidence. — It being claimed that the will was invalid by reason of the insanity of the testator at the time of its execution, evidence was admitted as to his sanity at other times during the course of a progressive disease supposed to have affected his mind. Held, that the evidence was properly admitted.</p> <p>Id.—Ground of Contest not Included in the Issues. — Where a question affecting the validity of the will is not included in the issues submitted to the jury, the court may proceed to determine it upon the evidence.</p>