Estate of Baker

59 Cal.2d 680 (1963) Estate of CHESTER E. BAKER, Deceased. LAURA CROSBY, Petitioner and Appellant,

v.

CROCKER-ANGLO NATIONAL BANK, as Executor, etc., Objector and Respondent.

S. F. No. 21134. Supreme Court of California. In Bank.

May 29, 1963. Zeff, Halley & Price and Francis W. Halley for Petitioner and Appellant.

Collier & Tosaw and Frank B. Collier for Objector and Respondent.

SCHAUER, J.

Decedent Chester E. Baker left a witnessed will dated December 2, 1960, and a witnessed codicil dated August 15, 1961, both of which were admitted to probate. An unwitnessed handwritten instrument dated January 2, 1962, was denied probate on the ground that because of certain matter imprinted on the sheet of paper whereon the handwriting appears the document did not conform to the requirements [682] for a holographic will. Laura Crosby, named as beneficiary in the January 2 instrument, appeals. For reasons which will appear, we have concluded that the order appealed from was erroneous, and should be reversed.

Decedent wrote the January 2 instrument on a printed letterhead of the Hotel Covell, and crossed out part of the printed matter. It comprises one page, and appears as follows (we have italicized the printed matter and show capitals and lower case as printed; all else on the sheet was in decedent's handwriting):

[TEXT STRICKEN]["AAA]"

[TEXT STRICKEN][APPROVED]

[TEXT STRICKEN][HOTEL COVELL]

MODESTO, CALIFORNIA

Jan. 2, 1962

"To Whom this may Concern:"

and to my executors, The Anglo-California National Bank, it is my wish & command to bequeath all my vested interests in Insurance Securities Trust Fund of San Francisco, Calif. to Laura Crosby, 1004 Rosemore Ave., Modesto, Calif., that is to her and her alone.