Spranger v. Bender

Citations

• 15 Cal. App. 224

Syllabus

<p>WmtiS—Contest of Probated Codicil—Soundness of Mind Assati'id —Presumption—Burden of Proof—Support of Finding.—Win re a probated codicil to a will was contested upon petition of i a daughter of the testator to revoke the probate thereof for unsoun’lness of mind, as well as on other grounds, and the court found tyj't when the codicil was executed the testator was of sound and disposing mind, it is held that, though there was evidence that he w.'¡ s then seventy-nine years old, was growing weaker physically, and thiV i there was a gradual impairment of his memory and mental facultiv', yet there was other evidence to show his testamentary capacity that time, and that, as soundness of mind is to be presumed, and if s the burden on the contestant to show unsoundness of mind at thjit time was not sustained, the finding of the court is sufficiently supported. !</p> <p>Id.—Effect of Conflicting Evidence as to Mental Capacity—lb - view upon Appeal.—Where the evidence was conflicting upon the issue as to the mental capacity of the testator when he execute 1 the codicil, this court must leave the matter where the trial eon t left it by its finding.</p> <p>Id.—Simple Nature of Codicil-Equalizing of Advances in Fin>l Division of Property.—It is held that the proposition involved n the codicil was not complicated, but simple, and consisted merely in directing that, as the gifts already given to the daughter and son were of unequal value, the daughter having received more advances in value than the son, the same should be equalized in the final division of the property.</p> <p>Id.—Physical Infirmity not Compelling Inference of Mental Incapacity to Will.—There is no necessary and compelling force in established physical infirmity which carries with it the inference of mental incapacity to make a will. A person may he very feeble, or aged and infirm from disease, and yet be capable of disposing of Ms property.</p> <p>Id.—Charge of Undue Influence—Support of Finding.—Where the dau