DECISIONS IN PROBATE RENDERED BY SUPERIOR COURT, SAN FRANCISCO, CALIFORNIA. Estate of JAMES MCGINN, Deceased. Evidence-Verdicts-Community Property-Domestic Rela- soundness Monomania Fraudulent Misrepresentation -Fraud - Delusion-Revocation INDEX TO SYLLABUS. 1. A jury should banish from their minds (a) all evidence ordered stricken 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 dependent 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 rendered 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 deliberations. [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 (b) 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, otherwise the verdict is complete. [Instruction 1. Court's Charges E; F. 8. Direct evidence, so called, proves the litigated fact in a direct manner, without [the necessity of] inference or presumption. [Instruction 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 existence of the litigated fact. [Instruction 4. 10. Indirect evidence is of two kinds, viz.: inference and presumption. [Instruction 4. 11. 12. A presumption is a deduction made by the law from proof of particular facts. [Instruction 4. 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. |