Nelson v. McClanahan

Citations

• 55 Cal. 308

Syllabus

<p>Contest of Will—Undue Influence—Evidence—Res Gestjs.—Upon tlie contest of a will by one of two children of the testator who had been excluded from its provisions, the contestant introduced evidence tending to show that the testator executed the will under undue influence, and a witness of proponent in reply testified that by direction of the testator he made a draft of his will, and that upon reading it to him, tho testator objected to the names of the contestant and the other excluded child, and said he would not have them in, which testimony was, upon the motion of contestant, stricken out. Held, that the declarations of the testator, if made, constituted part of the res gestee, and that the Court erred in excluding them.</p>