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attorneytrialprobatewill
attorneyappealverdicttestimonymotionprobatewillappellant

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In re Selb’s Estate, 84 Cal.App.2d 46, 190 P.2d 277

Facts

Mary Elizabeth Selb died on September 12, 1945, at the age of 93, leaving a will dated March 18, 1944, naming her son, Theodore Selb, as executor. The will was contested by her daughter, Bertha Elizabeth Morris, who claimed that their mother was not of sound mind and was under undue influence from Theodore. The trial revealed that Theodore had lived with their mother for many years and that the will provided for an unequal distribution of her estate, which included property in Missouri and California.

Mary Elizabeth Selb died September 12, 1945, at the age of 93 years, leaving a will dated March 18, 1944, in which she named her son, Theodore Selb, executor.

Issue

The main legal issues were whether Mary Elizabeth Selb had the testamentary capacity to execute her will and whether she was under undue influence from her son.

The cause was tried before a jury which returned a verdict that decedent was not induced to sign the alleged will by means of undue influence, but that at the time of its execution she was not of sound and disposing mind.

Rule

The court applied the principle that old age, forgetfulness, and physical decline do not automatically equate to a lack of testamentary capacity, and that a will can be upheld if the testator had sufficient mental capacity to understand the nature of the act and the extent of their property.

It has been held over and over in this state that old age, feebleness, forgetfulness, filthy personal habits, personal eccentricities, failure to recognize old friends or relatives, physical disability, absent-mindedness and mental confusion do not furnish grounds for holding that a testator lacked testamentary capacity.

Analysis

The court analyzed the evidence presented, noting that the attorney who drafted the will testified that Mary Elizabeth Selb was clear-minded and specific about her wishes when the will was created. The court found that the evidence presented by the contestant did not sufficiently demonstrate a lack of testamentary capacity or undue influence, as the decedent's beliefs about her daughter and grandson's intentions were based on some evidence, however slight.

In the case before us those conditions were fully met, as appears from the will itself and the testimony of attorney Hoover, which is uncontradicted in the record.

Conclusion

The appellate court concluded that the trial court erred in denying probate of the will and reversed the judgment, directing that the will be admitted to probate.

Judgment reversed with directions to admit the will to probate.

Who won?

Theodore Selb prevailed in the case as the appellate court found that the evidence did not support the claims of lack of testamentary capacity or undue influence.

The judgment thereafter entered denying probate this appeal was taken, it being contended by appellant that no evidence of lack of testamentary capacity was adduced and therefore a motion made by him for a directed verdict should have been granted.

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