EVERYONE’S GOT AN OPINION

There are certain other rules that must be kept in mind in passing on the sufficiency of the evidence. The burden of proof to show lack of testamentary capacity is, of course, on the contestant. It is well settled that a testator has sufficient mental capacity to execute a will if he has sufficient capacity to understand the nature of his act, the extent and character of his property, and the persons who are the natural objects of his bounty. Estate of Purcell, 164 Cal. 300, 128 P. 932; Estate of Arnold, 16 Cal.2d 573, 107 P.2d 25; Estate of Sexton, 199 Cal. 759, 251 P. 778; Estate of Grant, 8 Cal.App.2d 232, 47 P.2d 508; Estate of Garvey, 38 Cal.App.2d 449, 101 P.2d 551. It is also well settled that the opinion of a witness or of an expert that the testator was of unsound mind is of no greater value than the reasons given in support of the opinion. If the reasons given by such witnesses do not support the conclusion of lack of testamentary capacity, the opinion is entitled to no weight in either the trial or appellate courts. Estate of Nolan, 25 Cal.App.2d 738, 78 P.2d 456; Estate of Flint, 179 Cal. 552, 177 P. 451; In re Redfield's Estate, 116 Cal. 637, 48 P. 794; Estate of Finkler, 3 Cal.2d 584, 46 P.2d 149; Estate of Bemmerly, 110 Cal.App. 550, 294 P. 33; Estate of Dolbeer, 149 Cal. 227, 86 P. 695, 9 Ann.Cas. 795.

In re Pessagno's Estate (1943) 58 Cal.App.2d 390, 393-394.