Hout v. Wallace

California Court of Appeal Jul 26, 1954 No. Civ. 4846Published

Before: Mussell

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Holding. A holographic will is validly executed even if the testator's signature is not at the end of the document, provided the signature appears elsewhere in the instrument with the intent to authenticate it as a will.

Issues

Whether a holographic will must be signed at the end to satisfy Probate Code requirements.
Whether the decedent's name appearing in the body and attestation clause of a holographic will constitutes a valid signature.

Disposition. affirmed

Quotations verified verbatim against the opinion

“the authenticating signature of the testator is not required to be at the end, but may be found elsewhere in the body of the testamentary document.”

“The will is a complete testamentary document and discloses the intent of the testator to dispose of all of his property. Substantial compliance with section 53 of the Probate Code was shown.”

[722]

MUSSELL, J.

The will of Wayland B. Hout, who died in the county of San Diego April 23, 1953, was entirely in the handwriting of the decedent, with the exception of the names and addresses of the subscribing witnesses, and is as follows:

“My Last Will and Testament

Wayland B. Hout.

“I Wayland B. Hout a resident of San Diego County, State of California, being of sound mine and not acting under duress, menace fraud or undue influence of any person, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all former wills and codicils made by me.

“Article I

“I direct payment by my executor hereafter named, to pay out of my estate all of my just debts and funeral expenses. I request that my body be cremated and ashes thrown over the Otay Mountains.

“Article II

“After payment of all just expenses referred to in Article I, I give and bequeathe to Margaret C. Miller my entire estate also all insurance policies which now my estate is the beneficiary.

“Article III

“I hereby appoint and nominate my friend Mrs. Margaret C. Miller as executor to carry out every act and thing necessary to the proper and full administration of my estate under this my Last Will and Testament. This Will is not to be contested by any person or relative.

“I witness whereof I have hereunto set my hand to this my Last Will and Testament. January 11th 1952

‘ ‘ This instrument bearing the signature of the above named testator, Wayland B. Hout. was by him on the date hereof signed, published and declared by him to be his Last Will and Testament in our presence, who at his request and in his presence and in the presence of each other we believing him to be of sound and disposing mind and memory, have hereunto, subscribed our names as Witnesses

Hout v. Wallace

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MUSSELL, J.

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