Estate of Kenyon

McCOMB, J.

This appeal, transferred from the Supreme Court to this court for decision, pursuant to the provisions

[424]

of article VI of section 4c of the Constitution of the State of California, is from an order of the superior court sitting in probate admitting a document to probate as the last will and testament of decedent.

The essential facts are:

August 2, 1938, Harvey F. Kenyon died, a resident of the county of Los Angeles, leaving a document entitled Last Will and Testament, signed by said decedent, dated August 15, 1933, subscribed to by two witnesses, which purported to be the last will and testament of decedent.

Respondent, Edith M. Kenyon, offered the following document as the last will and testament of decedent, and it was admitted to probate as such:

“El Monte Calif

March 4-38.

“Mr. Frank Givens Amarillo Tex.

Dear Frank.

I reed your check and it was a life saver to me. If that woman writes to you or Mr. Truelove tell her to go to H-. I did not authorize her to. I do not her to get a anything out of me. If Truelove come to you with any more such moves from her, I am done I can do my own business. The end end is in sight Where are the girls I dream of them every night Is Grace Married I heard she was if so where is she? And what is her

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name? and wher does she live? And where is little Marjorie? They are the only will benif by my death so I want to sure of their names I want them to have that section and what I have here or else where I dont expect to die but I want to keep posted we are have awful floods here Los Angles alone 10,000,000 damage Sant Anna Riverside pretty near sweep away Traffic is paralize on all R. R. briges are out by the hundred I hvent heard how the Glavayes are no way to hear roads are all whedout. I think the Old Age Recovery plan will pass this Congress, and then I can help you on your feet and I will be free once more and by

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