
    Estate of WILLIAM McCAUSLAND, Deceased, Appellant, v. Application of ANNIE F. McCAUSLAND, Respondent.
    
    No. 4989;
    February 7, 1876.
    Marriage—Contract in the Presentí—The Findings of the Court below as ,to a contract of marriage in the present are not to be disturbed when made up on evidence substantially conflicting.
    APPEAL from Probate Court, Santa Clara County.
    Campbell, Fox & Campbell for appellant; J. E. McElrath for respondent.
    
      
      For subsequent opinion, see Estate of McCausland, 52 Cal, 568,
    
   By the COURT.

There was evidence tending to prove both a contract of marriage in the present and also a contract per verba de futuro cum copula.

This must be decisive of the case, for, assuming a substantial conflict in the evidence, we cannot disturb the findings of the court below.

Judgment and order appealed from affirmed.  