Collins v. Woodhams

This is an appeal from an order revoking the probate of the will of Betsey H. Collins, deceased.

The appellant has no interest in the estate except such as arises from the fact that he is the duly appointed and qualified executor of the will previously admitted to probate. The will provides for several legacies, and devises the residue of the property to the contestant. Respondent contends that the executor is not a party aggrieved and, hence, that he cannot maintain this appeal. This proposition is not well taken. When a will has been admitted to probate and the executor is duly appointed and has taken up the administration of an estate, he represents all of the beneficiaries of the will. It then becomes his duty to protect their interests, and as such executor he has the right to oppose a contest of the will until the final decision thereof; consequently, he may maintain *Page 665 an appeal from an adverse judgment in the lower court. (Estate of Whetton, 98 Cal. 203, [32 P. 970]; Estate ofMcKinney, 112 Cal. 447, 454, [44 P. 743]; Estate of Dillon,149 Cal. 683, 685, [87 P. 379]; Estate of Hite, 155 Cal. 448, 457, [101 P. 448]; Estate of Logan, 171 Cal. 357, 362, [153 P. 388].)

The only question presented in the case is whether or not the evidence is sufficient to support the verdict of the jury that the decedent was not of sound and disposing mind at the time of the execution of the will.

The testatrix was the wife of Herman Collins. They had no children born to them. The contestant, Mrs. Chappelle, was adopted by them as their daughter when she was about two years of age, and lived with them until her marriage to Chappelle about the year 1909. The family formerly resided in South Dakota. Some ten years previous to her death they removed to San Jose, California. In May, 1912, Collins left his wife and went to England, remaining there until his death in May, 1915. The testatrix, in her later years, was afflicted with varicose veins in her leg. On October 28, 1914, a surgical operation was performed on her to remove them. At the time of making the will, on March 25, 1915, she was about seventy-five years of age. Her estate consisted of a farm in South Dakota, valued at about twelve thousand dollars, something over two thousand dollars on deposit in savings banks, and money loaned on secured notes amounting to two thousand five hundred dollars, besides some small articles of personal property. Before leaving his wife, Herman Collins executed a deed purporting to convey to the contestant the residence in which he and the testatrix had lived prior to his departure. This deed he placed in escrow to be delivered to the contestant upon his death, and it has since been delivered to her. The testatrix occupied this residence until her death. The will bequeaths a legacy of five hundred dollars each to two nieces, and a like amount to a nephew and his wife jointly. It also bequeaths one hundred dollars to the nephew and his wife for the upkeep of the graves of the father and mother of the testatrix. All the residue of the estate is given to Albertine C. Chappelle, the contestant.