Tanner v. Carothers

[187]

BARNARD, P. J.

This is an appeal from an order admitting a document to probate as the last will and testament of the deceased. The document reads as follows:

“Augest 26 1933 “In the Name of God amen.

Tanner

“I Isaac William/ of the City of Escondido California County of San Diego Being of sound and, disposing mind and memory and not acting under menace, Fraud or under influence of any person whomsoever, do make publish and declare this to be my Last Will and testament First I give dvise and Bequeath one half of all the Property both personal and real that I may have at the time of my death, to Cappietola Carothers. Second I giv dvise Bequeath the remaining one half of my property both personal and real to be devided equely between my children. Nancy Elizbeth Silcox, William Steward Tanner, Carence Tanner, Arthur Tanner Ella Sargent Alton Tanner, Lewis Tanner. I hav all ready given each of my children land enough to more than take eair of them. Third, I hereby nominate constitute and appoint Cappietola, Carothers the executor of this my Last Will and testament without bond and hereby auithorise and empower her to sel any of my property without order of Court without notice, as she may see fit. I hereby revoke all other Wills maid by me.

“In Witness where of I have here unt set my hand

“Isaac William Tanner

“Witness: I positively know this to be Mr. Tanners signature

“Signed: Ira Hansen

“Robt A Agnew

“We the undersigned at the request of I. W. Tanner in the presence of each other.”

This was offered for probate by the respondent, who is named therein as executrix, and its probate was opposed by a son of the deceased, who is the appellant here. The proponent testified that the deceased showed her the will and read it to her at about the time it is dated, telling her that he had included her in the will “for all your kindness to me”, and that during his last illness he handed the will to her and said: “You put this away.” Mr. Tanner died on December 22, 1937.