Evidence-Failure of Party to Testify.-There is No Presumption or inference of law from the default of a party to be a witness in his own behalf. (Instruction XLVIII.)

Evidence Failure of Party to Testify.-The Nonlegal Effect of the election of a party to an action or proceeding to refrain from exercising his right to be a witness in his own behalf only refers to the want of legal bearing upon the entire evidence in the case, as being thereby rendered weaker or stronger, or satisfactory or unsatisfactory; and has no application to the question of the quantum or totality of the evidence offered. (Instruction XLVIII.)

Evidence. In Determining the Weight and Credibility of the Testimony of a party to a will contest, a jury may take into consideration his interest in the result of the verdict, and all the circumstances of the case and environment of the party. (Instruction XLVII.)

Evidence.-A Jury is not Bound to Decide in Conformity with the declarations of any number of witnesses which do not produce conviction, as against a smaller number, or as against a presumption from the evidence of the latter which satisfies the minds of the jury. (Instruction 3.)

Evidence.-A Witness is Presumed to Speak the Truth, but this presumption may be rebutted by the manner in which he testifies, or the character of his testimony, or evidence affecting his character for truth, honesty and integrity, or evidence in contradiction of it. (Instruction 3.)

Evidence. If a Jury Believes that a Witness has Willfully Sworn Falsely upon a material matter, it may disregard his entire testimony except to the extent of its corroboration. (Instruction XLVI.)

Wills Subscription and Attestation.-A Will not Olographic or Nuncupative in Character may be set aside, if it was not subscribed and attested as prescribed by the Civil Code, section 1276. (Issues 1 to 10, inclusive. Instructions VII, 6)

Wills—Lack of Testamentary Capacity.—A Will may be Set Aside if the testator was not of sound and disposing mind at the time of the alleged execution thereof. (11th Issue. Instructions VIII, 31, 58.)

Wills-Undue Influence.-A Will may be Set Aside if made through undue influence exerted upon the testator by any beneficiary thereunder, touching the subscription or publication of the will, or the making of any disposition therein. (12th Issue. Instructions XVII, 5, 12.)

Wills-Misrepresentation to Testator.-A Will may be Set Aside if made through fraudulent misrepresentation exerted upon testator by any beneficiary thereunder, touching the subscribing or publishing of the will, or the making of any disposition or provision therein, or the disherison of any heir. (13th Issue. Instructions XXXVI, 5, 13, 14.) Wills-Fraud Against Testator.-A Will may be Set Aside if made through fraud practiced upon testator by any beneficiary thereunder,

touching the subscribing or publishing of the will, or the making of any disposition therein. (14th Issue. Instructions XL, 5, 14.)

Wills-Insane Delusion.-A Will may be Set Aside if executed under a delusion or illusion, affecting the testator, as to any beneficiary or heir at law. (15th Issue. Instructions XLI, 40.)

Wills-Revocation by Subsequent Will.-A Will may be Set Aside if, subsequent to the execution thereof, the testator duly executed another will which in express terms revoked all former wills. (16th Issue. Instruction 7.)

Wills Revocation by Subsequent Will.-A Will may be Set Aside if, subsequent to the execution thereof, the testator revokes it (as prescribed by Civil Code, section 1292). (17th Issue. Instruction 7.)

Will Contest.-The Decree Admitting a Will to Probate, in the First Instance, is not evidence as to any issue raised in a subsequent contest, or of any fact contained in any issue. (Instructions 61, 62.)

Will Contest.-The Respondent in a Will Contest must Establish by a preponderance of evidence the formal statutory execution of the propounded will, where the contestant has raised an issue as to the fact of execution. (Instruction 18.)

Will Contest.-The Contestants in a Will Contest have the Burden of Proof as to establishing the issues raised by them; and this burden must be sustained by a preponderance of evidence. (Instructions VI, 17, XXXVIII, XL.)

Will Contest.-The Preponderance of Evidence is Determined not by the number of witnesses, but by a consideration of the opportunities of the several witnesses as to the subject matter of their respective testimony, their manner while testifying, their interest or lack of interest in the case, and the probability or improbability of their testimony in view of all the other evidence or circumstances of the case. (Instruction XLIX.)

Separate Property.-All Property of a Married Man owned by him before marriage, and all property which he acquires during marriage by way of gift, bequest, devise or descent, together with the rents, issues and profits of all such property, is his separate estate. (Instruction I.)

Separate Estate.-All Property of a Married Woman owned by her before marriage, and all property which she acquires during marriage by way of gift, bequest, devise or descent, together with the rents, issues and profits of all such property, is her separate estate. (Instruction I.)

Community Property.—All Property Acquired During the Marriage by either husband or wife, which is not acquired by way of gift, bequest, devise or descent, or as the rents, issues or profits of property so acquired, or as the rents, issues or profits of property owned by such spouse at the time of marriage, is community property. (Instructions I, 60.)

Community Property.-Upon the Death of a Married Man, the Community Property devolves one-half to the surviving wife, and the other half as follows: First, subject to the husband's testamentary disposition; and, second, in the absence of such disposition by him, to his descendants, equally if in the same degree of kindred. (Instructions II, 60.)

Community Property.-The Admission of a Will to Probate does not Affect the Surviving Wife's statutory right to one-half of the community property. (Instruction 60.)

Minors. The Father is Entitled to the Custody, Services and Earnings of his legitimate unmarried minor child, until its majority or marriage, provided he has not relinquished such right. (Instruction V.)

Minors

Compensation for Services to Parent.-If a child remain in the father's home after reaching majority, continuing in the same services rendered during minority, there is no presumption of a contract or obligation by the father to pay therefor; an express agreement must be proved to create a liability. (Instruction V.)

Wills Right of Owner to Dispose of Property.-The law places property wholly under the owner's control, and subject to such final disposition as he chooses to make by will. (Instruction III.)

Succession. All Property of a Person, which is not effectually disposed of by his will, devolves upon the persons who are prescribed by the law as his legal successors. (Instructions II, III, IV, 60.)

Wills-Who may Make and What may be Disposed of.-Every person over the age of eighteen years, if of sound mind, may by will dispose of all his estate, real and personal; provided that a married man, as to community property, has no power of testamentary disposition as to the one-half thereof specially devolving upon his surviving wife. (Instructions II, III, 60.)

Wills-Manner of Execution.-Every will, except a nuncupative will, must be in writing; and every will, other than olographic and nuncupative wills, must be executed and witnessed as provided in section 1276 of the Civil Code. (Issues 1 to 10, inclusive. Instruction 6.)

Wills. The Paramount Right of Testamentary Disposition is regarded as one of the most sacred of rights, and as the most efficient means which a person has in protracted life or old age to command the attention due his infirmities. (Instruction XIV.)

Wills. The Paramount Right of Testamentary Disposition gives the owner of property the right to elect and determine whether he will allow his estate to descend, upon his death, to the persons desig nated by the law as his successors, or whether he will prevent such descent, and make a disposition by will. (Instructions III, IV.)

Wills. The Paramount Right of Testamentary Disposition Given by law is absolute; it is not subject to any power of prevention by

testator's children, or widow, excepting only as to the statutory rights of the widow, by survivorship, in the community property. (Instruction III.)

Wills. A Parent may Elect Whether to Allow His Estate to Descend by the law to his children equally, or dispose of it by will to one or more of his children to the exclusion of the others. (Instruction IV.)

Wills. Parents, as Well as All Other Testators, have the Absolute Right to judge who are the proper objects of their bounty; and children have no right, legal or equitable, in the parent's estate which can be asserted against a competent parent's free act. (Instruction III.)

Wills-Testamentary Capacity-Bodily Affliction. The paramount right of testamentary disposition is not forfeited, nor subject to be defeated, because a person may have been stricken with apoplexy, or afflicted with hemiplegia or paralysis, or stutters or stammers in speech, or suffers from any bodily affliction. (Instruction XIV.)

Wills-Immoral or Unjust Testator.-The paramount right of testamentary disposition is not forfeited, nor subject to deprivation, because a person may be immoral or unjust. (Instruction XIV.)

Wills.-Intellectual Feebleness or Weakness of the Understanding, of whatever origin, is not of itself a disqualification of the testamentary right. (Instruction X.)

Will Contest.-Upon an Issue of Unsoundness of Mind in a will contest the jury must determine, and the real point is, whether the testator was or was not of sound and disposing mind at the precise time of the subscription and declaration of the instrument. (11th Issue. Instructions VIII, XIII, 31, 58.)

Wills.-Unsoundness of Mind Embraces Every Species of Mental incapacity, from raging mania to that debility and extreme feebleness of mind which verges upon and even degenerates into idiocy. (Instruction 46.)

Wills.-A Person is of Sound and Disposing Mind Who is in full possession of his mental faculties, free from delusion and capable of rationally thinking, acting and determining for himself. (Instruction 8.)

Wills. A Person may be Said to be of Sound and Disposing Mind who is capable of fairly and rationally considering the character and extent of his property; the persons to whom he is bound by ties of blood, affinity or friendship, or who have claims upon him or may be dependent upon his bounty; and the persons to whom and the manner and proportions in which he wishes the property to go. (Instruction IX. And see XII, XVI, 8, 33, 34, 35, 36.)

Wills. A Partial Failure of Mind and Memory, even to a considerable extent, from whatever cause arising, will not disqualify testator, if there remain sufficient mind and memory to enable him to com

prehend what he is about, and ability to realize that he is disposing of his estate by will, and to whom disposing. (Instruction XI.)

Wills.-In Deciding as to Testamentary Capacity, It is the Soundness of Mind and not the state of bodily health that is to be considered. (Instruction XII.)

Wills.-A Person's Bodily Health may be in a State of Extreme Imbecility, and yet he may possess testamentary capacity; i. e., sufficient understanding to direct the disposition of his property. (Instruction XII. And see 33, 36.)

Wills. Neither Old Age, Distress, nor Debility of Body Incapacitates to make a will, provided there remain possession of the mental faculties and understanding of the testamentary transaction. (Instruction XIII.)

Wills Injustice of as Showing Want of Testamentary Capacity.— The prima facie character of a will as just or unjust, equitable or inequitable, is no test of testamentary capacity. (Instruction XV.)

Wills.-Weakness of Mind is not the Opposite of Soundness of Mind; weakness is the opposite of strength, and unsoundness the opposite of soundness. (Instruction 8. And see XLI.)

Wills. A Weak Mind may be a Sound Mind, while a strong mind may be unsound. Illustration of men of contrasting grades of intellect. (Instructions 8, XLI.)

Wills. Neither Weakness nor Strength of the Mind determines its testamentary capacity; it is the healthy condition and healthy action-the even balance—which we denominate soundness. (Instruction 8.)

Wills. There may be Partial Insanity, or Monomania Insanity, as to one or more persons or subjects, coexistent with soundness otherwise. (Instruction 8.)

Wills. In Cases of Partial Insanity or Monomania, the testamentary capacity is affected as to the subject matter of such unsoundness. (Instruction 8.)

Wills. Monomania Consists in a Mental or Moral Perversion, or both, as to some particular subject or class of subjects, whilst otherwise the person seems to have no such morbid affection. (Instruction 9.)

Wills. Monomania has Various Degrees; in many cases the person is entirely capable of transacting business out of the range of his peculiar infirmity, and as to such matters may be entirely sound; while as to matters within the range of his infirmity he may be quite unsound. (Instruction 9.)

Wills.-A Will Which is the Direct Offspring of Partial Insanity or monomania is invalid, notwithstanding the general capacity is unimpeached. (Instruction 9.)

Wills.-Unsoundness of Mind may be the Result of Disease, Drunkenness, or one of many other causes. (Instructions 10, 33, 36.)