Hintze v. Comstock

MUSSELL, J.

William H. Luhr died in Orange County on October 3, 1953, at the age of 71 years, leaving an estate consisting of real and personal property. On October 9, 1953, a petition for probate of his will, which was dated May 26, 1950, and a codicil thereto dated July 11, 1950, was filed by Ellene Comstock, the executrix named in said will. Respondents herein, heirs at law or related to decedent, filed a contest of the will before probate and the matter was tried before the court sitting with a jury. The jury rendered special verdicts that the decedent was not of sound mind at the time he executed his will on May 26, 1950, and at the time he executed the codicil thereto on July 11, 1950. The trial court thereupon rendered judgment denying probate of the will and Ellene Comstock et al., appeal from the judgment. The sole question involved is whether there was substantial evidence to support the findings of the jury and the judgment.

As is said in

Estate of Frank,

102 Cal.App.2d 126, 128-129 [226 P.2d 767] : “The function of an appellate court is

[266]

no different on an appeal from a judgment denying probate of a will because of mental incompetency than in any other case. ‘All conflicts must be resolved in favor of the respondent and all legitimate and reasonable inferences indulged in to uphold the verdict if possible. When two or more inferences can be reasonably deduced from the facts, the reviewing court is without power to substitute its deductions for those of the trial judge or jury.

(Estate of Bristol,

23 Cal.2d 221 [143 P.2d 689] ;

Estate of Teel,

25 Cal.2d 520 [154 P.2d 384].)’

(Estate of Trefren,

86 Cal.App.2d 139, 142 [194 P.2d 574].)”

There is evidence in the record showing that during 1949, when the testator lived at Orange, California, his rooms were extremely filthy and dirty. One witness, a Rev. Riedel, testified that this condition existed in 1948 and 1949; that often Luhr would show him imaginary insects; that he would pick on his scalp and imagine he had found worms or bugs there; that he accompanied Luhr to Minnesota, in July or August in 1949, and that Luhr was taken to the Mayo Clinic on August 15, 1949 ;■ that while in the waiting room of the clinic Luhr imagined that the room was full of caskets.