Estate of Bristol v. Young

143 P.2d 689, 23 Cal. 2d 221, 1943 Cal. LEXIS 245
CourtCalifornia Supreme Court
DecidedDecember 1, 1943
DocketL. A. 18641
StatusPublished
Cited by508 cases

This text of 143 P.2d 689 (Estate of Bristol v. Young) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Bristol v. Young, 143 P.2d 689, 23 Cal. 2d 221, 1943 Cal. LEXIS 245 (Cal. 1943).

Opinions

SCHAUER, J.

The controlling question on this appeal is the sufficiency of the evidence to support the finding of the trial court that “the deceased never cancelled or destroyed [223]*223the codicil of April 28th, 1941, and said codicil was in existence at the time of his death.” The contest is purely one of presumptions and inferences. That the codicil was duly executed is established without question but, after the testator’s death, it was never found. No witness was produced who claimed (or admitted) to have seen such lost codicil after the day of its execution nor, on the other hand, to have seen the testator destroy it or to have heard him declare that it had been revoked. There is evidence which, on the cold pages of the record, appeals to reason as supporting the conclusion that the codicil was destroyed by the testator, but a critical consideration of the entire record impels us to the conviction that the circumstances depicted are not devoid of substantially conflicting inferences. The rules of evidence, the weight to be accorded to the evidence, and the province of a reviewing court, are the same in a will contest as in any other civil case. (Estate of Snowball (1910), 157 Cal. 301, 305 [107 P. 598]; Estate of Barr (1924), 69 Cal.App. 16, 33 [230 P. 181].) The rule as to our province is: “In reviewing the evidence ... all conflicts must be resolved in favor of the respondent, and all legitimate and reasonable inferences indulged in to uphold the verdict if possible. It is an elementary . . . principle of law, that when a verdict is attacked as being unsupported, the power of the appellate court begins and ends with a determination as to whether there is any substantial evidence, contradicted or uncontradicted, which will support the conclusion reached by the jury. When two or more inferences can be reasonably deduced from the facts, the reviewing court is without power to substitute its deductions for those of the trial court.” (Italics added.) (Crawford v. Southern Pacific Co. (1935), 3 Cal.2d 427, 429 [45 P.2d 183].) The rule quoted is as applicable in reviewing the findings of a judge as it is when considering a jury’s verdict. The critical word in the definition is “substantial”; it is a door which can lead as readily to abuse as to practical or enlightened justice. It is common knowledge among judges and lawyers that many cases are determined to the entire satisfaction of trial judges or juries, on their factual issues, by evidence which is overwhelming in its persuasiveness but which may appear relatively unsubstantial—if it can be reflected at all—in a phonographic record. Appellate courts, therefore, if there be any [224]*224reasonable doubt as to the sufficiency of the evidence to sustain a finding, should resolve that doubt in favor of the finding; and in searching the record and exploring the inferences which may arise from what is found there, to discover whether such doubt or conflict exists, the court should be realistic and practical. Upon such view of the law we cannot hold that any essential finding in this case is unsupported.

Appellant-contestant relies upon the rule stated in section 350 of the Probate Code that “No will shall be proven as a lost or destroyed will unless proved to have been in existence at the time of the death of the testator, or shown to have been destroyed fraudulently or by public calamity in the lifetime of the testator, without his knowledge,” and upon the presumption which has been declared by this court (Estate of Sweetman (1921), 185 Cal. 27, 28 [195 P. 918]; Estate of Johnston (1922), 188 Cal. 336, 340 [206 P. 628]), and which is well stated in 26 California Jurisprudence 807, section 141, that “Where the evidence shows that the instrument cannot be found, and that when last seen or known to exist it was in the custody or possession of the decedent, the conclusion of law is that the writing was destroyed by the decedent, and that he acted with the intention of effecting a revocation thereof.” Presenting the other side of the controversy, respondent calls attention to the legal proposition that the burden of proof was on appellant-contestant and urges that the circumstances shown are sufficient to at least balance, and therefore to overcome, the presumption invoked by appellant, through raising inferences that the decedent never destroyed or revoked the codicil, that he believed at the time of his last illness that it was still in existence, and that in fact it was in existence at the time of his demise.

It should be noted that the above-quoted presumption which is relied upon by appellant-contestant is qualified by the further statement in 26 California Jurisprudence at page 807, in section 141, that “Nothing else appearing, the admission of the writing to probate as a lost or destroyed will must be denied. However, the proponent may secure the admission .of the instrument by presenting evidence which rebuts the conclusion or presumption that arises from the facts of possession by the decedent and loss or disappearance. . . . It follows that the proponent is entitled to a favorable decree where he presents evidence showing that it is equally [225]*225probable (1) that the will was destroyed by another person than the decedent, or (2) that the act was not done with an intention to revoke the instrument.” (Italics added.)

The mooted codicil was referred to by the parties throughout the trial as the “lost codicil” and will be so designated in this opinion. Viewing the evidence in aspects most favorable to sustaining the attacked finding (Von Breton v. Hicks (1942), 55 Cal.App.2d 909, 912 [131 P.2d 560]), the facts appear as hereinafter narrated.

Luther Bristol successfully raised a family of five children, including four sons and one daughter, Edith Bristol Young, the respondent-proponent herein, and accumulated a modest fortune. Late in life, apparently having lost his first wife, the mother of his children, he took to wife Agnes Bristol, many years his junior. This latter marriage did not produce an altogether harmonious union. It was punctuated by a separate maintenance action filed by Agnes, by a cross-complaint for divorce filed by Luther, by an amended complaint on the part of Agnes also seeking a divorce, and by a rescission suit instituted by Luther in which he sought to recover from Agnes certain income-producing real property which he had deeded to her. The divorce litigation ended in an impasse in which neither party was granted a decree and the rescission action was dismissed in reliance upon a false representation by Agnes which will shortly be referred to again. The principal result of the controversy being litigated is the determination of whether Agnes, the widow, or Edith, the daughter, shall administer the affairs of the estate, and whether a crippled granddaughter, Rita, who appears to have been definitely in Luther’s affections, shall inherit a share of the estate.

Luther died on September 30, 1942, at an age of more than ninety-three years. Three testamentary documents are involved in the proceedings: (1) a “Last Will and Testament of Luther Bristol,” dated April 1, 1938, executed when the testator was approximately ninety years of age (and apparently shortly after the marriage to Agnes, the exact date of which does not appear); (2) a “Codicil to My Will Dated April 1, 1938,” itself bearing the date of July 28, 1939; and (3) the lost codicil, dated April 28, 1941.

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Bluebook (online)
143 P.2d 689, 23 Cal. 2d 221, 1943 Cal. LEXIS 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-bristol-v-young-cal-1943.