Hedendahl v. Winkler

JONES, J., pro tem.

This is an appeal from a judgment denying probate to the purported will of one Oscar Anderson and from an order denying a motion for a new trial.

By the terms of this will the decedent bequeathed all of his property to the appellant Elizabeth Winkler, and named her husband, Frank Winkler, executor thereof. A sister, Clara Hedendahl, was named and bequeathed one dollar. The ease was tried before a jury and special issues were submitted.

The appellants concede that no error was committed in the conduct of the trial, or in instructing the jury. The only claim for a reversal of the judgment is made on the ground that the verdict of the jury on the special issues submitted is not supported by the evidence. The contest to the will was filed by the sister, Clara Hedendahl, who is alleged to

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be the only near relative and heir of said decedent. The contest is in three separate counts. The first count alleges unsoundness of mind; the second, undue influence; and the third, that the will was not properly executed.

Anderson had resided in San Francisco for many years, and, through saving, had accumulated over seven thousand dollars. He was on friendly terms with his sister. In 1926 he made a will in which he named her as sole beneficiary. A regular correspondence was carried on between the two. In many of the letters to his sister, who lived in New York, he mentioned that he was in poor health and intended that she should have his property upon his death. Several witnesses testified that Anderson stated on numerous occasions, and as late as April, 1935, that he had arranged for his sister to receive what he had left upon his death. This last statement was made as he was leaving San Francisco for the home of the Winklers in Fort Bragg, and about three weeks before his death. The testimony shows that he had the will which he had made in 1926 with him at this time. There is nothing to show that any estrangement ever existed, between him and his sister, or that she was not the natural object of his bounty.

The decedent became acquainted with the appellant Frank Winkler about the year 1902, and later with his wife, Elizabeth Winkler. He visited the Winklers regularly at their home in Fort Bragg, and for periods of from two to three weeks at a time. In April, 1935, his health became particularly poor. He left San Francisco to go to the Winklers and arrived in Fort Bragg on April 24th. His health continued to fail and in a short time he took to his bed and died on May 15th. The cause of his death is given as chronic myocarditis and acute alcoholism. During his entire stay in the Winkler home he was cared for and ministered to by Mrs. Winkler. He would not have a doctor and none was called to attend him until a day or so before his death.