In re Estate of Gharky

Citations

• 57 Cal. 274

Syllabus

<p>Estates of Deceased Persons—Contest of Will—Issues for Jury—Unsoundness of Mind—Drunkenness.—Where unsoundness of mind is relied on to defeat a will, the question of drunkenness, being mere evidence, should not he submitted as a special issue to the jury.</p> <p>Id.—Id.—Unsoundness of Mind — Pleading.—It is sufficient to state, as ground for contest of will, that the deceased, at the time of making it, was not of sound and disposing mind; hut when the grounds embrace conclusions of law, as menace, duress, or the like, the facts relied upon to show such conclusions must he pleaded. ’</p> <p>Signature—Evidence.—A subscribing witness who has no recollection of the execution of an instrument, but who recognizes the signatures, may he asked whether, taking into consideration his recognition of the signatures, it was his belief that the paper was executed as therein stated.</p>