Estate of Golder

31 Cal.2d 848 (1948) Estate of WILLIAM HENRY GOLDER, Deceased. MARGARET B. GOLDER, Appellant,

v.

ALYSE V. GOLDER, Respondent.

S. F. No. 17521. Supreme Court of California. In Bank.

May 21, 1948. L. L. James and Carl E. Day for Appellant.

J. Elwood Andresen for Respondent.

GIBSON, C.J.

[1a] The sole question in this case is whether a letter written by decedent William Henry Golder to his mother, appellant herein, constitutes a valid holographic will. We are of the opinion that the judgment of the trial court refusing to admit the document to probate must be affirmed.

The letter, dated December 13, 1941, was written while Golder was stationed in New York as a member of the United States Navy and was received by his mother in California a few days later. His wife Alyse, respondent herein, and their child were then living in Philadelphia. In the letter Golder said he was "lucky" in that he would be able to be with his wife and child for Christmas. He commented on the "unsettled conditions" and stated that he was trying to persuade them to go to California to live. He told his mother that he was enclosing "for safekeeping" his bank stock, life insurance, and a letter of credit for $475 on a new automobile. The letter was signed "Your loving son, Bill."

Immediately below the signature was the following postscript: "P.S. I have a surprise coming for you and hope it works out. This is all I can tell you. My insurance is made out to Alyse so should I get in this war and not come back I want my savings & stocks to go to you. Keep in touch with Alyse.--1516 Lehigh Ave., Phila. Pa."

The italicized portion of the postscript was written in pencil, whereas the body of the letter, the signature and the first two sentences of the postscript were written in pen and ink. Since the letter was received within a few days after [850] its date, however, it would appear that the postscript was written about the same time as the body of the letter.