Haupt v. Lindahl

SHENK, J.

—This is an appeal from a judgment of the superior court in and for the county of Los Angeles denying and dismissing the petition of the appellants for the revocation of the probate of the will of Alma Haupt, deceased.

The petition contained four counts. In substance it was alleged that the testatrix was without testamentary capacity at the time the will was executed; that its execution was procured by fraud and undue influence; that the testatrix did not know the contents of the will at the time of its execution, and that the will was not lawfully witnessed. After hearing the evidence on behalf of the appellants the trial court dismissed the petition without submitting the issues involved therein to the jury and the judgment was entered in accordance therewith.

The decedent died in the county of Los Angeles on May 25, 1922, leaving as her only heirs at law, a son, William Frederick Haupt, a daughter, Norma Haupt, and the appellants, who are the minor children of a predeceased son. By the terms of her will, bearing date April 17, 1922, the testatrix • made certain specific bequests and devised and bequeathed the remainder of her estate to the respondent bank in trust for certain specified purposes. The seventh clause of said will expressly declared that the testatrix purposely omitted to make provision therein for the appellants.

The first contention advanced by the appellants is that: “The trial court erred in its refusal to admit competent evidence which refusal was prejudicial to the rights of the petitioners and appellants.” Hereunder it is urged that error was committed by the court in sustaining objections interposed by respondents to certain questions pro

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pounded by appellants and covered by exceptions numbered 1 to 64. We are in accord with the appellants’ concession that “it is impracticable to discuss each ruling separately.” For like reason it is impracticable for us to pass upon each rilling separately. We have examined all of the rulings complained of. Many of them, standing alone, might properly be held erroneous, but when considered in the light of the evidence elsewhere admitted they are not prejudicial. The trial court very rigidly confined the examination of witnesses upon the issue of the decedent’s mental capacity to those limits prescribed and enunciated by this court upon innumerable occasions. Taken as a whole the court exercised a reasonable control over the examination. (Sec. 2044, Code Civ. Proc.)