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TABLE OF DECISIONS REPORTED.
113 119 431 519
497 53 56 213
207 235 289
Armstrong, Estate of Margaret.....
80 418 172 149
132 143 164 112 332 228
1 538 541 170 72 86
McLaughlin, Estate of Chas. (No. 3).....
White, Guardianship of Wm. A.
DECISIONS IN PROBATE
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.
Evidence-Verdicts-Community Property-Domestic Rela-
INDEX TO SYLLABUS.
Matters Stricken Out on Trial ; Irrelevant and Incautious Remarks
Verdicts; Manner and Form
8- 26; 35- 38
Direct and Indirect
16- 26; 36- 38
Probate of Will ; Non-Evidentiary Character of
Contest of Will ; Burden of Proof
Wills, Setting Aside ; the Various Grounds of
44-45, 51-55, 89, 108–111, 114-115
What no Deprivation.
Unsoundness of Mind
59-70, 79-80, 82-85, 146-148
Monomania ; Partial Insanity ; Delusion
.71-75, 135-143, 147-148
Will; Revocation by Testator
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.