Crozier v. Daggett

Belcher, C. J. James Crozier died on the seventh day of November, 1881, in the city of Stockton. He left a will, made the day before his death, in which the respondent, William C. Daggett, was named as sole legatee and executor. The will was admitted to probate, and in due time Jane Crozier, the mother of decedent, commenced this proceeding to have the probate of -the will revoked, upon the ground that at the time of its execution the decedent was of unsound mind. The case was tried before a jury, and the findings upon the special issues submitted were in favor of the contestant. The [181]respondent then moved for a new trial, upon the ground that the evidence did not justify the verdict, and for errors in law occurring at the trial and excepted to by him. After argument, the court granted the motion, as appears from the record, “on the ground of errors which occurred during the trial, and not for insufficiency of or conflict in the evidence ”; and the appeal is from that order.

It does not appear what the supposed errors were which induced the court to grant the new trial, nor is it important that we should know. If any errors prejudicial to the respondent were committed, the order appealed from cannot be reversed by this court. (Thompson v. Felton, 54 Cal. 554; McCarthy v. Loupe, 62 Cal. 300.)

■ Counsel for both sides have presented very elaborate briefs, in which the testimony is reviewed, and the numerous rulings of the court are discussed. It is unnecessary» to speak of many of these rulings. Most of them were undoubtedly correct; but we cannot say that of all of them. For example: In the will, the age of the testator is stated to be sixty-five years. Cutting, who drew the will, testified that Crozier told him that was his age, but did not tell him when he was born. Without objection, the respondent introduced in evidence a copy of the great register of San Joaquin County, which showed the age of Crozier to have been sixty-three on the twelfth day of April, 1879, the date of his registration. In rebuttal, the contestant offered in evidence a part of the great register of the same county, which reads as follows: “ 1,165, Crozier, Jafiaes; age, fifty-two; country of nativity, Scotland; occupation, gardener; local residence, O’Neil; proved fifteen years’ residence, and loss of certificate; date of registration, February 14, 1867; sworn register number, 3,232.” This offer was objected to by the respondent, on the ground that the offered evidence was immaterial and irrelevant, and not [182]