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ESTATE OF LOUNSBERRY

Docket No. 8956.

149 Cal.App.2d 857 (1957)

309 P.2d 554

Estate of OLIVE A. LOUNSBERRY, Deceased. WILLIAM HINDIN, Appellant, v. FREDERICK W. LOUNSBERRY, Respondent.

Court of Appeals of California, Third District.

April 8, 1957.

Attorney(s) appearing for the Case

Laughlin & McKalson and Francis R. Crable for Appellant.

Husted, Pinney & Smith, William M. Pinney, Jr., Donald V. Smith and Guernsey Carson for Respondent.

VAN DYKE, P.J.

This is an appeal from an order admitting to probate a formal will which a jury found the 74-year-old testatrix executed when she was of sound mind and not acting under the undue influence of respondent. [1a] Appellant does not attack the sufficiency of the evidence to support the jury's findings, but assigns as error the trial court's order granting a nonsuit on the ground of fraud, and certain rulings in the rejection of evidence.

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