In Re Estate Of Wright

60 P.2d 434 (1936)

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Nature of the Case

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Facts

Lorenzo died at Venice, California, May 2, 1933, at the age of sixty-nine years. P, the contestant, is his daughter and the nearest of kin. Alma H. Angell is the husband of testator's daughter. Two children constitute the issue of this marriage. Testator's wife died in 1921. The estate consists of two improved parcels of land situated in Venice, California, and an interest in an estate situated in Salt Lake City, his former home, and some inconsequential personal property of unknown value. The total value of his estate does not exceed the sum of $10,000. The will devised to Charlotte Josephine Hindmarch, fifty years of age and whom he describes as his friend, his house located at 722 Nowita Place and all his personal 'belongings, monies, collateral, notes or anything of value'; he devised to P, the house located on lot nine, at 724 Nowita Place, and to his granddaughter, Marjorie Jean Angell, his interest in an estate in Salt Lake City. He gave to his grandson, his son-in-law and several other persons, relatives or friends, one dollar each. P contested the admission of the will based on incapacity. Mrs. Grace Thomas, a notary public and realtor testified that she believed at the time he executed the will that he was of unsound mind because it was the funniest will she had ever seen in that it gave $1 to each of a number of different persons she did not know; that she had thought him queer for a long time, that he did not have in mind the legal description of the property but that she had it listed for sale and rent. James Thomas, a witness to the will, stated that he 'believed' the testator was not of sound mind; that in his opinion testator had not been of sound mind for some years prior to the execution of the will. He seemed unable to give a single reason supporting his opinion. G. W. Madden, the other subscribing witness, when pressed for the reason of his opinion that the testator 'was not of sound mind' at the time he signed the will, was also unable to say more than that he considered him of unsound mind for some time prior to the making of the will. Mrs. Brem had known testator for sixteen years and said it was her belief that he was of unsound mind on the day the will was executed. She was sure from the way he lived alone in his little shack, with all the dirt and junk he had, that he was not right; he once gave her a fish that had been soaked in kerosene and when he asked her how she liked it he laughed and said he had put the kerosene on it before he brought it to her. Once he came to her house and insisted on buying her household furniture and when told it was not for sale and that she had not offered it for sale he insisted on buying it anyway. Mrs. Daisy Smith, a cousin not named in the will, testified that she believed him to be unsound in mind because he drank and was drunk much of the time since his wife died; that some years ago, he suffered an injury to his head and several stitches were required to close the wound; that the injury seemed to change him; that he had a serious operation in 1921. Marjorie Jean Angell, a granddaughter, said that he acted funny and queer. Cloyd Angell, the grandson, had often seen him drunk. ... with much more of the same from other witnesses. The court refused to probate the will. D appealed.