Estate of Vetter

STURTEVANT, J.

Henry J. Angelo commenced a proceeding to obtain a judgment admitting an alleged lost or destroyed olographic will to probate. Process was served on Anna Vetter, the surviving wife of the decedent, Frederick J. Vetter, and she appeared and answered. A trial was had before the trial court. The trial court made findings of fact in favor of the surviving wife Anna Vetter and from a judgment entered thereon the plaintiff has appealed under section 953a of the Code of Civil Procedure. In his opening brief the plaintiff contends that the findings of the court are unsupported by the evidence; the findings are contrary to the evidence; the court prejudicially erred in the admission of evidence; the court prejudicially erred in excluding evidence; and the court arbitrarily found and decided contrary to evidence and law. True it is that certain declarations of the deceased were objected to by the plaintiff and that his objections were overruled. However, the plaintiff does not brief the ruling made by the trial court showing wherein any error was committed, nor that the error, if any, was prejudicial to the plaintiff. In his brief the plaintiff earnestly contends that the trial court arbitrarily disregarded the testimony given by the witnesses called by the plaintiff. In this connection the plaintiff claims there was no conflict in the evidence and that the plaintiff proved a full and complete case. In reply the defendant contends that there was an abundance of conflict in the evidence, and furthermore she contends that the case

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as presented by the plaintiff failed to prove certain material issues.

Richard Spreekels, a witness called by the plaintiff, testified that in the month of May, 1915, he met the deceased in the office of an attorney at law, Charles L. Patton. He was not sure whether the plaintiff was present. He testified that at said time and place the decedent produced a paper which he handed over to the witness and that the paper had written thereon “I give to my friend, Henry J. Angelo, fifty thousand dollars.” The witness further testified that the paper was dated. The year of the date was 1915 but he could not remember the month nor the day of the month. He did not testify whether the place of the dating was or was not on the paper. The signature on the paper was “Fred Vetter”. The foregoing testimony was given by the witness in the month of June, 1928. The witness had been acquainted with the decedent some months prior to the meeting just described. Mr. Vetter died August 3, 1915. After that date and before the end of the year 1915 the witness saw the plaintiff on several occasions. At one time he asked the plaintiff if he had received his fifty thousand dollars and the plaintiff said he had not. It does not appear that he and the plaintiff had any other discussions on the -subject of the will until the date of the trial. He was not sure whether the writing which he saw contained words or figures, or both, expressing the sum fifty thousand dollars. There was evidence introduced that the decedent never signed his name omitting the middle initial, but wrote it “Fred J. Vetter”. The witness testified that he had received letters from Mr. Vetter but gave no testimony regarding the manner in which the decedent signed his name.