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California Appellate Decisions (Volume 5)

California Appellate Decisions (Volume 5)


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: not the jury infer and find from all the evidence that it was In fact the will of respondent, acting t h rough the signature of a feeble, dying old man? In a case like this, where a will is made by one in feeble health, just before death, in the hearing and presence of a person of dominating mind, and to suit the interests and purposes of such person, courts and juries should carefully scrutinize every act and circumstance in connection with the matter. In many cases It Is utterly impossible to prove the exercise of the influence directly upon the testamentary act, but this is not necessary. The question in all cases is as to whether or not such influence produced the act. It may have been the result of a long course of conduct, fear or persuasion. A party exerting such influence would not take along witnesses to prove that she had no such influence. Such influence has been exerted in many cases where the party whose influence produced the act was not present at the making of the will. The fact that such a party was present, both in going to, remaining In and returning from the lawyer's office, is certainly a very potent circumstance. In Estate of Arnold, supra, the order granting a nonsuit in a will comest was reversed, although the facts and circumstances tending to show undue Influence were not of a convincing nature. Tne court said: There were circumstances from which it might have been inferred that Leonard had, by these means, obtained great control over the mind and actions of the testatrix, and that he was acting in bad faith for the purpose of procuring the new will to be made in order to supplant Rosenheim and promote his own advantage. Some of the evidence, it is true, was capable of a different construction, and there was little, if any, direct evidence as to the m...


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Product Details
  • ISBN-13: 9780217819527
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 382
  • Spine Width: 20 mm
  • Width: 189 mm
  • ISBN-10: 0217819524
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 680 gr


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