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TABLE OF DECISIONS REPORTED.

178

113 119 431 519

497 53 56 213

98 122

62

318

207 235 289

Armstrong, Estate of Margaret.....
Blythe, Estate of Thos. H.
Blythe, Estate of Thos. H. (No. 2).
Blythe, Estate of Thos. H. (No. 3).
Burns, Estate of Eli Jasper.
Chappelle, Estate of Eliz. R.
Chittenden, Estate of N. W..
Danneker, Guardianship of Laura.
Donahue, Estate of Peter...
Fisher, Estate of Caroline H
Fitzpatrick, Estate of Ann.
Gibson, Estate of Almira.
Green, Estate of Wm. Arthur.
Hansen, Guardianship of Theodora F.
Held, Estate of Jeannette.
Hill, Estate of Thos. J....
Ingram, Examination of Hannah W.
Ingram, Estate of Hannah G.....
Jennings, Estate of A. A.
Kustel, Estate of Alexis 0.
Lane, Estate of Jno....
Love, Estate of Harlow S
Lund, Estate of Wm.
Lynch, Estate of Ellen ..
Maxwell, Estate of Richard T.
Maxwell, Estate of Richard T. (No. 2).
Maxwell, Estate of Richard T. (No. 3).
McDougal, Estate of David
McDougal, Estate of David (No. 2).
McGarrity, Guardianship of Willie
McGinn, Estate of James...
McGinn, Estate of James (No. 2).
McGinn, Estate of James (No. 3).
McGovern, Estate of Bridget
McLaughlin, Estate of Charles..
McLaughlin, Estate of Chas. (No. 2).

147 253

175

478

80 418 172 149

132 143 164 112 332 228

1 538 541 170 72 86

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DECISIONS IN PROBATE

RENDERED BY

SUPERIOR COURT, SAN FRANCISCO, CALIFORNIA.

Estate of JAMES MCGINN, Deceased.

[No. 7,054. Decided April 20, 1889. Affirmed, 33 Pac. Rep., 920.)

Contest of Will After Probate-Instructions to Jury.
1. A jury should banish from their minds (a)all evidence ordered stricken

Evidence-Verdicts-Community Property-Domestic Rela-
tions-- Testamentary Right-Setting aside Wills- Mental Un-
soundness Monomania Drunkenness Undue Influence
Fraudulent Misrepresentation - Fraud --Delusion-Revocation
by Testator-Formal Invalidity.

INDEX TO SYLLABUS.

Matters Stricken Out on Trial ; Irrelevant and Incautious Remarks

1- 4

Verdicts; Manner and Form

5- 7

Evidence

8- 26; 35- 38

Direct and Indirect

E- 15

Experts

14-15

General Principles

16- 26; 36- 38

Probate of Will ; Non-Evidentiary Character of

35, 43

Contest of Will ; Burden of Proof

36- 37

Wills, Setting Aside ; the Various Grounds of

27- 34

Community Property.

39- 43

Domestic Relations

44-45, 51-55, 89, 108–111, 114-115

Testamentary Right

46-58

What no Deprivation.

56- 58

Testamentary Incapacity.

59–143, 146–148

Unsoundness of Mind

59-70, 79-80, 82-85, 146-148

Monomania ; Partial Insanity ; Delusion

.71-75, 135-143, 147-148

Drunkenness

76-78

Undue Influence.

86-118

Fraudulent Misrepresentation

119-126

Fraud

127-131

Delusion

135-143, 147-148

Will; Revocation by Testator

144

Formal Invalidity.

145, 149

out by the Court in the course of the trial; (b) also all questions which the Court ruled should not be answered; (c) also all remarks of counsel, in presenting or arguing such matters for the consideration

of the Court. (Court's Charges A; B. 2. If proof of an essential fact in an issue submitted to a jury is depend

ent upon testimony stricken out by the Court, such essential fact

must be considered by the jury as not proven. [Court's Charge B. 3. If proof of an essential fact in an issue submitted to a jury (a) is ren

dered incomplete because of testimony struck out by the Court, the jury must consider such fact as unproved; (b) unless the defect of proof be supplied by other testimony offered and allowed in the case.

[Court's Charge B. 4. Any remark or statement by the Court during the course of a trial by

jury, which concerns the weight of testimony offered or admitted, or the credibility of a witness, or any matter within the jury's province, should be utterly disregarded by the jury, as a consideration of it

in reaching their verdict would be error. [Court's Charge C. 5. As to form of special verdicts with blanks to be filled out by the jury,

by way of answer to each issue. [Court's Charge D. 6. Manner of reaching and returning verdict by a jury; and duty as to

required information touching evidence or law during the delibera

tions. [Court's Charges E; F. 7. Whenever (a) three-fourths of a jury on a will contest agree on an

answer to an issue, it becomes the jury's verdict on that issue; and (6) whenever three-fourths agree on a verdict, the jury must be conducted into Court and the verdict rendered in writing by the foreman, whereupon 1st, if more than one-fourth of the jurors disagree, upon polling, the jury must be sent out again, 2nd, other

wise the verdict is complete. [Instruction 1. Court's Charges E; F. 8. Direct evidence, so called, proves the litigated fact in a direct man

ner, without (the necessity of) inference or presumption. [Instruc

tion 4. 9. Indirect evidence, so called, is proof of a fact other than the litigated

fact, but which justifies an inference or presumption of the exist

ence of the litigated fact. (Instruction 4. 10. Indirect evidence is of two kinds, viz.: inference and presumption.

[Instruction 4. 11. A presumption is a deduction made by the law from proof of particu

lar facts. (Instruction 4. 12. An inference is a deduction made by the reason of the jury from

proven facts ; the law being silent as to the effect of such facts. (Instruction 4.

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