Estate of Wallace

California Court of Appeal Oct 31, 1950 No. Civ. 17951Published

Before: Vallee

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Holding. The court held that a holographic instrument containing the decedent's name in the exordium and demonstrating a complete testamentary disposition of property constitutes a validly signed and executed will.

Issues

Whether a holographic instrument is validly 'signed' when the decedent's name appears only in the exordium.
Whether the holographic instrument sufficiently evidenced testamentary intent to revoke a prior will.

Disposition. affirmed

Quotations verified verbatim against the opinion

“It is for the probate court in the first instance to say whether the document was ‘signed’ by the decedent, and its determination will not be disturbed unless it is without support in the evidence.”

“Completeness alone has been held sufficient evidence of the adoption of the name so placed as the authenticating signature of the testator and as a compliance with the statute which requires the will to be ‘signed.’”

VALLES, J.

Appeal from an order admitting a holographic instrument, dated April 16, 1942, to probate as the last will and testament of James T. Wallace, deceased, and appointing Eula Greene Wallace, administratrix with the will annexed, and from a minute order denying admission of a prior will, dated December 7, 1939. Appellants, Lottie C. Heath and Mary Jane Wallace, are beneficiaries under the prior will. Respondent is the surviving widow. Decedent died February 20,1949, in the county of Los Angeles.

[238]

The document admitted to probate was found in decedent’s safe deposit box after his death. It was pinned to the second page of a carbon copy of the 1939 will, directly over Paragraph “Fourth,” the residuary clause. The carbon copy of the 1939 will had been altered in pencil by decedent and contained many interlineations, additions and changes. Paragraph “Fourth” on the second page had been completely cancelled by decedent, as well as a paragraph bequeathing specified personal property to appellant Lottie C. Heath.

First Trust and Savings Bank of Pasadena, named as executor in the will of 1939, petitioned for probate of that instrument and the holographic instrument of April 16, 1942, as a codicil to the 1939 will, alleging that it was entirely written, dated, and signed in the handwriting of decedent. Respondent petitioned for probate of the holographic instrument of April 16, 1942, and for letters of administration with the will annexed. At the hearing, First Trust and Savings Bank withdrew “its petition insofar as it applies to the holographic document.” The court found and concluded that the April 16, 1942, instrument had been written, dated and signed by decedent, evidenced a testamentary intent, and revoked the prior will of December 7, 1939, in its entirety.

The document admitted to probate consists of one sheet, approximately 2x 4" in size, of lined notepaper, and is entirely written in the handwriting of decedent. It reads:

“4/16/42

I, James T. Wallace have the use of all Personal and Real Estate as long as I survive.

At my death all real Estate and my Personal Property—shall Pass to my wife (Eula Wallace) as long as she survive.

Estate of Wallace

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VALLES, J.

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