Jansson v. Monten

CONREY, P. J. John Erickson, bachelor, aged 72 years, a resident of Los Angeles County, died on the thirty-first day of August, 1930, leaving an estate in said county. He left a will which had been executed on August 2d, 1930. This will was duly admitted to probate on September 16, 1930, and Jenny H. Monten, who was named in the will as executrix, became the duly appointed and qualified executrix thereof. In March, 1931, two heirs at law for whom no provision had been made in the will, filed a petition to set aside and revoke the probate of the will. The contest was tried by a jury, to which certain special issues were submitted. The findings of the jury on these issues are set forth in the bill of exceptions as follows:

“ ‘Was any part of the will of John Erickson, deceased, the result of undue influence used upon him by the defendant, William A. Monten?

[522]“ ‘Answer: Yes.

“ ‘If your answer to the above question is in the affirmative, state what part or parts of said will was or were the result of undue influence used upon said John Erickson by said William A. Monten. (Indicate the part or parts by paragraph number of the will, a copy of which is annexed hereto.)

“ ‘Answer: #2 #8 #9 #10,’ and said Special Verdict having attached thereto, a copy of said will, from which it appears therefrom that the said paragraphs #2, #8, #9 and #10, read as follows respectively :

“#2. ‘I appoint Jenny H. Monten, or if she cannot act, William A. Monten, the executor of my will, without bonds.’

“#8. ‘To my nephews and nieces in Sweden, being August Anderson and his brothers and sister, or brother and sisters, as the case may be (I do not know them well, but still desire to give them something) the sum of $4,000.00 in equal shares, to those who shall live at my death. If there be less than four, each shall receive $1,000.00.’

“#9. ‘To any one who shall directly or indirectly contest or assist in contesting my will, I give nothing whatsoever’. and

“#10. ‘All the residue and remainder of my estate I give to Jenny IT. Monten, if she live at my death, and if not, to William A. Monten, otherwise to their children in equal shares. They have always been kind to me.’ ”

Prom the foregoing findings of the special verdict, the court drew its conclusions of law that contestants were entitled to judgment revoking the probate of the will with respect to the said paragraphs of the will numbered 2, 8, 9 and 10. Accordingly, judgment was entered and it is from this judgment that Mrs. Monten, as executrix, and also individually, appeals.