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Reports of Cases Determined in the Courts of Appeal of the State of California (Volume 43)

Reports of Cases Determined in the Courts of Appeal of the State of California (Volume 43)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1922 Excerpt: ... she intended treating all her children alike in the final disposition of her property. Such statements, however, are not of themselves sufficient to establish undue influence. (In re Calkins, 112 Cal. 296, 44 Pac. 577; Estate of KUborn, 162 Cal. 4, 120 Pac. 762; Estate of Lavinburg, 161 CaL 536, 119 Pac. 915.) 4 The favored daughter had ample opportunity, so far as time and environment were concerned, to influence her mother's mind, but, as said in the Estate of KUborn, 162 Cal. 4, 120 Pac. 762, "mere proof of opportunity to influence a testator's mind, even when coupled with an interest or motive so to do, will not sustain a finding of undue influence, in the absence of testimony showing that there was pressure operating directly on the testamentary act." 5 It may be assumed, as claimed by the contestants, that the beneficiary of the will in question exerted a general influence over the affairs of the testatrix; yet without proof that such influence was brought to bear upon the testamentary act, a case of undue influence is not made out. (Estate of Morcel, 162 Cal. 188, 121 Pac. 733.) 6 The contestants offered no evidence directly showing the exercise of undue influence by the daughter Juliette with respect to the testamentary act itself in question. While it is of course true that the exercise of undue influence may be shown by indirect evidence, such evidence must "do more than raise a suspicion. It must amount to proof, and such evidence has the force of proof only when circumstances are proven which are inconsistent with the claim that the will was the spontaneous act of the alleged testator." (Estate of KUborn, 162 Cal. 4, 120 Pac. 762; McDevitt's Estate, 95 Cal. 17, 30 Pac. 101; Estate of Calkins, 112 Cal. 296, 44 Pac. 577; Estate of Morcel, 162 Cal....


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Product Details
  • ISBN-13: 9781153837132
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 348
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1153837137
  • Publisher Date: 08 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 675 gr


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