CHARLES GOODMAN, Plaintiff, Cross-defendant and Appellant, v. JOAN GOODMAN ZIMMERMAN et al., Defendants, Cross-complainants and Appellants., 25 Cal. App. 4th 1667

Summary

Plaintiff beneficiary brought an action against defendant, executor and others, that challenged a will on several grounds including lack of testamentary capacity and defendants filed a cross-complaint. The trial court found upheld the will in favor of defendants. The court affirmed the judgment of the lower court because the language and legislative history of Cal. Prob. Code § 6100.5 demonstrated that the statute was intended to closely adhere to the common law decisions as pertained to testamentary capacity. The test was to determine whether a person suffered from delusions and hallucinations which resulted in the person dividing property in a way, except for the delusions and hallucinations, he or she would not have done. The court held that the trial court's finding that the testator was not delusional was supported by an abundance of competent evidence, including evidence that plaintiff was given a smaller share because he mistreated his sisters.