In re Estate of Redfield

Citations

• 116 Cal. 637
• 48 P. 794
• 1897 Cal. LEXIS 601

Syllabus

<p>Estates of Deceased Persons—Contest of Will—Petition to Revoke Probate—Appearance by Guardian—Capacity of Petitioner—Uncertainty—Appeal—Review of Order denyingNbw Trial.—Where a petition for the revocation of the probate of a will is in form the petition of the mother of the deceased, but she is therein represented as appearing by her guardian, though the petition contain no allegation that she is under disability, nor that a guardian has been appointed for her, any defect in the pleading arising from uncertainty as to her capacity to institute the contest is not assignable as error on appeal from an order denying a new trial.</p> <p>Id.—Answers—Refusal of Amendment—Discretion—Estoppel of Petitioner as Sole Heir—Benefits Taken under Will.—Where the respondent to the petition for the revocation of probate, near the close of the trial, asked leave to amend their answers by adding allegations thereto, showing that the petitioner, who would take as sole heir, if the will were overthrown, had received regularly an allowance of eighty dollars per month bequeathed to her by the terms of the will, for the purpose of raising an estoppel against the contestant, but made no showing why the matter proposed was not pleaded earlier, it was discretionary with the court to refuse the amendment.</p> <p>Id.—Testimony of Physician—Privileged Information—Treatment of Deceased for Consumption—Knowledge of Mental Condition.— Where a physician who attended the deceased in her last illness testified that he treated her for consumption and not for mental disorder, but that he got no information about her condition, physical or mental, except as a physician to enable him to take care of her, it is not error to refuse to allow the question to be put to him as to whether her mind was affected, as against an objection that the information thus sought was privileged.</p> <p>Id.—Undue Influence—Insufficiency of Evidence. —A verdict affirming a charge that the will was procured through undue in