Estate of Seegelken

California Court of Appeal Feb 4, 1930 No. Docket No. 7251.Published

Before: Nourse

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Holding. The court affirmed the judgment that the testator was mentally competent at the time he destroyed his will and that the destruction was performed with the intent to revoke it. The court held that the trial court's findings were supported by sufficient evidence, notwithstanding allegations of undue influence and fraud.

Issues

Whether the evidence was sufficient to support the finding that the decedent was mentally competent at the time he destroyed his will.
Whether the evidence was sufficient to support the finding that the decedent destroyed his will with the intent to revoke it.
Whether the trial court's findings regarding fraud and undue influence were supported by the evidence.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“This testimony was sufficient, if believed by the trial court, to sustain the finding that at the time the will was destroyed the decedent was sane and knew the consequences of his act.”

“When the sufficiency of the evidence is the basis of the appeal our power ends when we find competent evidence which supports the finding”

“These charges were all denied by her, the trial court believed her, and her testimony alone is sufficient to support the findings adverse to appellants on these issues.”

NOURSE, J.

A petition was filed for letters of administration with the will annexed in the above-named estate. Contest was joined upon the ground that the will had been destroyed by the testator with the intention of revoking it. The cause was tried before the court sitting without a jury and resulted in findings and judgment for contestants. Petitioners appeal upon typewritten transcripts.

The petition alleged that the physical destruction of the will was made at a time when the testator was of unsound mind and that it was accomplished through the undue influence and fraud of Louise Schmitz, a niece of the testator, whose participation in the estate would be greatly increased by the revocation of the will.

The will was duly executed in 1914 when the testator was admittedly sane. In 1918 he was committed to the insane asylum at Agnews after proceedings duly had in the Superior Court of Monterey County. Just prior thereto he had been duly adjudged to be incompetent in proceedings in the same court and a guardian of his person and estate had been appointed. A few months after his commitment

habeas corpus

proceedings were instituted in Santa Clara County upon the hearing of which he was restored to competency and returned to his guardian in Monterey County. Immediately thereafter, upon stipulation of all interested parties, the guardianship proceedings in Monterey County were terminated and Seegelken was restored to competency.

The deceased was an unmarried man. He left a number of nieces and nephews, many of whom were given special bequests in the will of 1914. One of these nieces, Louise Schmitz, feeling aggrieved because two of the nieces had been particularly favored in the will, endeavored to stir up the other nephews and nieces to take some action. Unable to interest the others, she went to Salinas immediately after the incompetency proceedings were dismissed and persuaded her uncle to return with her to her home in San Francisco,

[693]

where he lived until his death in March, 1927. She testified that in November, 1918, the decedent destroyed the will by burning it in her kitchen stove and that he told her at the time that he did not want the will—that he was through with it. Soon thereafter she applied for and obtained letters of guardianship over his person and estate and this relation continued until his death.

Estate of Seegelken

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NOURSE, J.

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