Estate of Maguire

CRAIL, P. J.

This is an appeal from a judgment of the superior court denying admission to probate of a holographic will. The instrument consisted of a double sheet of foolscap paper containing the dispositive clauses signed by the testator but not dated and a codicil thereto signed by the testator

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and dated “March nineteen hundred and thirty”; both were inclosed and sealed in an envelope which bore on its face the words: “Will of H. F. Maguire Mch 8th, 1930”, all in the handwriting of the testator. The questions for our consideration are two: (1) Was the foolscap paper itself sufficiently dated in order to qualify it in this respect as a IloIot graphic will? (2) Was the envelope a part of the will to thus supply a complete date?

The first question must be answered in the negative. “A’ date which is incomplete, because lacking a statement of the day, the month, or the year of execution does not satisfy the statutory definition of a holographic will. ’ ’

(Estate of Vance,

174 Cal. 122 [162 Pac. 103, L. R. A. 1917C, 479].) In that case the instrument was dated as follows: “This 22nd day of March in the year of our Lord one thousand.” The date was written entirely by the hand of the testator, but the court said: “We think it cannot fairly be said that the paper was

‘entirely

dated by the hand of the testator’.” See, also,

Estate of Price,

14 Cal. App. 462 [112 Pac. 482];

Estate of Martin,

58 Cal. 530;

Estate of Thorn,

183 Cal. 512 [192 Pac. 19];

Estate of Anthony,

21 Cal. App. 157 [131 Pac. 96]. In the

Estate of Billings,

64 Cal. 427 [1 Pac. 701], the court said: “It [a holographic will] must be entirely written, it must be entirely dated, and it must be entirely signed by him.” This language was quoted with approval in the