Estate of Moore

BARTLETT, J. pro tem.

Mary Ellen Moore committed suicide on July 10, 1948. She left surviving her Clarence R. Moore, her husband, the appellant herein, her mother, Garnette L. Scott, the respondent herein, and a son, Michael John Moore, who was five years of age. On a desk near the scene of her death was found a sheet of paper in the handwriting of the deceased upon which was written: “Everything that is mine, both personal and real, I leave to my mother, Garnette. Money in Bank of America from my father’s estate and all other things left to me. (Signed) Mart Ellen Moore. ’ ’ This undated document was presented to the court on August 24, 1948, denied probate, and appellant was appointed administrator of the estate. No appeal was taken from this order.

Some three weeks later the respondent found in the pocket of one of her coats hanging in a closet one of decedent’s rings around which was wrapped a piece of tissue paper upon

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which was written entirely in the handwriting of the deceased these words:. ‘July 4, 1948 Mother Here is my ring. I leave you this and all that is mine. Mike is provided for. Dont grieve for me. I love you. I ’ll leave a Will. (Signed) Mary Ellen.” On July 4, 1948, Mary Ellen Moore was of sound mind. It was this note which was admitted to probate as the last will and testament of the deceased.

The only question raised on this appeal is whether or not the decedent intended this instrument to be her Will. Other than what may be inferred from the facts we have related, no extrinsic evidence was offered by either party bearing on the intent of the deceased in writing this letter to her mother. To be a will, the instrument offered for probate must have been executed with testamentary intent and it must be shown that by that very paper itself she intended to make a disposition of her property.

(Estate of Wunderle,

30 Cal.2d 274, 280, 281 [181 P.2d 874];

Estate of Button,

209 Cal. 325, 331 [287 P. 964];

Estate of Miller,

128 Cal.App. 176, 183 [17 P.2d 181];

Estate of Kelleher,