7 Cal. 2d 348
SYNOPSIS: Appellant executrix sought to overturn the order of the Superior Court of Los Angeles County (California), which, at the request of respondent daughter, denied admission of a will to probate.
OVERVIEW: The testator was 69 years old and eccentric at the time he died. He kept junk and old liquor bottles hidden around his house. His will devised a house to a woman friend and another house to his daughter, who contested the will. The drawer of the will and three witnesses all testified that they thought that the testator was of unsound mind based upon minor idiosyncrasies. There was no medical proof of incapacity and no proof that the testator could not conduct his business. The trial court refused to admit the testator's will to probate.
The court reversed the decision and held that because there was no proof that the testator was insane or suffered from delusions, there was no proof of testamentary incapacity. The court ruled that testamentary capacity could not be destroyed by showing foibles or isolated mental irregularities unless they directly bore on and influenced the testamentary act.
OUTCOME: The court reversed the judgment and order of the trial court, which denied the executrix's request for the admission of the testator's will to probate at the request of the daughter.
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