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In re Wright's Estate

California Supreme Court

60 P.2d 434 (Cal. 1936)

Relevant factsFree

Lorenzo B. Wright had Grace Thomas draft a will leaving his property to his friend, daughter, and granddaughter, with one dollar bequests to several other individuals. After Wright's 1933 death, his daughter contested probate. Thomas and both subscribing witnesses testified they believed Wright was of unsound mind when he signed the will, with Thomas pointing mainly to the odd one-dollar bequests and a longstanding impression that Wright was generally 'odd'; the witnesses similarly offered only a vague, longstanding belief that Wright lacked soundness of mind. Other family and acquaintances also testified Wright was of unsound mind, citing specific eccentric episodes — running outside partially clothed, picking silverware out of the garbage, and faking his own death to scare neighbors. The probate court denied the will admission, finding Wright lacked testamentary capacity.

IssueFree

Whether a few isolated acts of abnormal behavior can satisfactorily rebut an inference of testamentary capacity.

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