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ESTATE OF DARILEK

Docket No. 17208.

151 Cal.App.2d 322 (1957)

311 P.2d 615

Estate of JOSEPHINE DARILEK, Deceased. LEO HONSA, Appellant, v. ANNIE HOSPODARSKY et al., Respondents.

Court of Appeals of California, First District, Division One.

May 28, 1957.

Attorney(s) appearing for the Case

Jesse A. Mueller and Courtney L. Moore for Appellant.

Harold J. Scott and Alvin A. Lobree for Respondents.

BRAY, J.

Respondent Annie Hospodarsky, named therein as executrix, offered for probate a will of decedent dated December 2, 1953. Appellant, Leo Honsa, filed a contest thereof on three grounds: (1) lack of due execution; (2) lack of testamentary capacity; (3) undue influence of respondent. Appellant appeals from a judgment of nonsuit, presenting as the sole question the sufficiency of the evidence as a matter of law.

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