Layne v. Hall

DORAN, J. This is an appeal by proponent, Beulah Layne, from a judgment denying probate of a will.

As recited in appellant’s opening brief:

“Herschel B. McGee died January 18, 1954. By a Will dated September 16,1953, he left all of his property to Beulah Layne and Lewis Layne. He named Beulah Layne Executrix. She presented the Will for probate. Dorothy Hall, his daughter, whom he had not seen from the time she was about one year of age, until she was about thirty-five years of age, contested the probate on the following grounds:

“1. Unsoundness of mind;

“2. Lack of execution;

“3. Undue influence.

[454]‘ ‘ The latter two issues were submitted to the jury. The jury found that the Will was duly executed. The jury found that the Will offered for probate was the result of undue influence exercised from the testator, Herschel B. McGee.

“Judgment denying probate was thereupon entered.

“Appellants contend the evidence was insufficient to support the jury’s findings of undue influence and that the Court committed prejudicial error in the giving and refusal of certain instructions.”

As recited in respondent’s brief,

“Beulah Layne and Lewis Layne, her husband, are not related to the decedent. Dorothy Hall is the decedent’s daughter and only lineal deseendent. Dorothy Hall was thirty-eight years of age at the time of the trial. Her mother and the decedent were divorced when she was a very young child. Dorothy Hall did not see her father after the divorce nor did not know his whereabouts until in 1937 when Dorothy Hall was about twenty-one years of age, she learned her father’s address in Los Angeles and wrote to him. Thereafter Dorothy Hall and her father corresponded.

“In 1938, the decedent wrote Dorothy Hall a letter, dated September 26, 1938, which, together with the envelope, was introduced into evidence as Contestant’s Exhibit No. 3 and is a part of the record on this appeal. A portion of the letter is as follows:

“ ‘I have no will made out, but if anything should happen to me, I want you to have what little I have. It isn’t much, but it will help some. With love and best wishes to you and family.