Estate of Moore

ADAMS, P. J.

Charles Willis Moore, also known as C. W. Moore, died November 30,1947, leaving as heirs at law a sister and numerous nieces and nephews. Celina Thomas, a niece with whom decedent had been living, was appointed administratrix of his estate. In January, 1948, Mrs. Thomas found in decedent’s Bible a document purporting to be the will of decedent, which she offered for probate. Florence Kalb, another niece of decedent, contested the will on the ground that it was not executed in conformity with section 50 of the Probate Code, and, on trial of the issues presented, the court denied admission of the instrument to probate.

The evidence shows that the contested document was originally entirely typewritten, “C. W. Moore” being typed at the end thereof; that decedent secured three persons to sign same as witnesses, and at that time personally wrote “C. W. Moore” at the beginning, after the typewritten words “Nov, 5 1947 I,”. There is no evidence whatsoever that decedent himself typed the document or that he even knew how to type; nor does it appear by whom or when or where it was typed. It was signed by the witnesses in the lobby of the Tremont Hotel in Red Bluff, at Moore’s request, and at that time he stated that it was his will. He then wrote his name at the beginning of it, with pen and ink, as aforesaid.

The sole question presented is whether or not the typed name of the testator at the end of the document constitutes his signature, there being no evidence that same was affixed by decedent himself, and no acknowledgment by him that the typed name was his signature.

Section 50 of the Probate Code provides that every will, other than a nuncupative will, must be in writing, and every will, other than a holographic will and a nuncupative will, “must be subscribed at the end thereof by the testator himself, or some person in his presence and by his direction must subscribe his name thereto.” Also, “The subscription must be made, or the testator must acknowledge it to have been made

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by him or by his authority, in the presence of both' of the attesting witnesses, present at the same time.”

It is not contended by appellant that the decedent’s writing in of his name at the beginning of the instrument constituted his signature thereto. That it did not is expressly held in such eases as