Estate of Gardener

[395]

BARTLETT, J. pro tem.

This is an appeal from an order of the superior court admitting an instrument dated March 10, 1947, to probate as the last will of Estella Gardener, deceased. The record on appeal is presented in an agreed statement on appeal to which is attached a photostatic copy of the document. From that agreed statement we quote the following:

“The decedent, a woman of seventy-seven years of age, was struck and knocked to the pavement by a motor vehicle on Saturday, March 8, 1947. She suffered a broken hip and was taken to her home, where someone stayed with her Saturday night. Dorothy Mathews, one of the respondents, stayed with the decedent on Sunday night. Mrs. Gardener was awake most of the night so that Mrs. Mathews had a total of one hour of sleep during the night. Mrs. Gardener was never out of bed after being brought to her home, and at 7 :30 a. m. on Monday morning, March 10, she wrote in her own hand the document admitted to probate by the Superior Court, .... Dorothy Mathews saw Mrs. Gardener write the document and put it in the envelope. Eleatra Hyatt, one of the respondents, arrived after Mrs. Gardener had written the document and saw the. envelope after Mrs. Gardener had sealed it and written her name on the envelope. It was not until Eleatra Hyatt was talking to the bank officer and he inquired if it was a will did Mrs. Gardener tell Eleatra Hyatt it was her will in the envelope. Mrs. Gardener died April 20, 1947, apparently as the result of the injuries sustained in the accident. After her death, her safe deposit box at a bank was opened and the document dated March 10, 1947, was found sealed in the envelope in which the decedent had had it placed prior to her death. The bank officers delivered the envelope and document to the County Clerk for filing. ’ ’

The document itself reads as follows:

‘ ‘ Compton Calif March 10th 1947

“I Mrs. Estelle Gardener 433 West Laurel Street do give devise and bequeth Mrs. Dorothy Mathews and Mrs. Eleatra Hyatt of Compton all of belongs should they outlive me consisting of House Lot all Household Furnishings Trunk and Clothing now situated of 433 West Laurel Stret Compton Calif I hold possession and Life Tenancy of the Property during my Life My only and Last will and Testament Signed this 10th Day of March 1947