Jenkins v. Muldrow

California Court of Appeal Sep 4, 1947 No. Civ. 15982Published

Before: Shinn

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Holding. A will is invalid for lack of due execution when the signatures of the testator and witnesses are not affixed at the end of all testamentary provisions.

Issues

Whether a will is validly executed when a portion of the testamentary provisions follows the signatures of the testator and witnesses.
Whether the court may disregard testamentary provisions that follow the signatures to save the remainder of the will.

Disposition. reversed

Quotations verified verbatim against the opinion

“Due execution requires that the signatures of the testator and the subscribing witnesses be affixed at the end of the will (Prob. Code, § 50). This is held to mean, at the end of the testamentary provisions.”

“Since the signatures were not affixed at the end of all the testamentary provisions the will is invalid.”

SHINN, Acting P. J.

Appeal from a judgment admitting a will to probate. The typewritten will reads as follows:

“WILL

This Is the Last Will of Wbetha Jordan

Los Angeles, California

September 29, 1945.

Knowing we all must depart from this life, some day, I want

[420]

all my debts paid. I want all of my insurance put on my funeral.

The home I am buying at 2125 West 29th Street, Los Angeles, I want Clifton Muldrow to have. If I have not finished paying for it, I want him to finish paying it out. I want Clifton Muldrow to have part of the household goods and Wayman Moore part of the household goods.

Clifton Muldrow must pay all of my doctor bills, if there be any, and all of my other debts.

Signed, Wretha Jordan Wroth a Jordan.

Witnesses:

Mrs. Bobbie Rodgers Rhodes.

Mrs. Bobbie Rodgers Rhodes

Alphonse E. Cain._

Alphonse E. Cain.

P. S. I want Clifton Muldrow to send my brother, Wash Patheree $20.00, my brother, Hice Fatheree, $20.00 and my niece, Ina Jenkins, $20.00, if they are alive. Clifton Muldrow is to be executor of my estate without bond. Anyone contesting this will, will be paid one dollar and one cent ($1.01).

Subscribed and sworn to before me, a Notary Public, in and for the County of Los Angeles, State of California, this 11th day of November, 1945.

(Seal) Hazel A. Macbeth Hazel A. Macbeth

My Commission Expires Feb. 21, 1946.”

It was offered for probate by Clifton Muldrow and probate was opposed by appellants, Ina Jenkins and Wash Fatheree, respectively niece and brother of decedent, and by a creditor who does not appeal.

Jenkins v. Muldrow

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