Estate of Cazaurang

BARNARD, P. J.

On June 11, 1927, Jean Cazaurang executed a will leaving nine-tenths of his estate to his second cousin Marie Lees, now Marie Lees Thomas. On January 2, 1929, immediately to the right of and below his signature on that will he wrote that date and provisions leaving $1 to the son of his niece and $1 to his wife, and beneath that he again signed his name. Between his signature to the original will and the new date he made a rough bracket. It was stipulated that both this original will and this addition thereto were entirely in the handwriting of the deceased. Both portions were written in French and the English translation of the entire document is as follows:

“Los Angeles, 11th of June, 1927.

“If my soul and my body are separated before Marie Lees, my parent and employee, I wish that she would have ninety parts of my property in America and France, and the tenth remaining divided between the children of my two sisters, Marie and Catherine; and Annie Marie Vignau, one-quarter of said tenth, and the other three-fourths in equal parts between the children of sister Catherine.

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“J. Cazaueang j ^1929^ 2

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To Jean Casadoumeeq, son of my niece, I leave $1.00 and to my wife $1.00.

“Jean Cazaueang.”

In the meantime, on April 25, 1928, the deceased executed a witnessed will in which he left his undivided one-half interest in a large ranch, which constituted the bulk of his estate, to his wife Marie Cazaurang, pointing out that the other half of this ranch already belonged to her. In that will he revoked all former wills by him made.

Both wills were offered for probate and the admission to probate of the first of these wills, with the addition thereto dated January 2, 1929, was contested by the estate of the decedent’s widow and by Jean B. Canchón. Among other things, the court found that the instrument dated June 11,

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1927, with the addition dated January 2, 1929, constituted the last will of said decedent; that the purported will dated April 25, 1928, was revoked by the other will; that the holographic writing dated June 11, 1927, was revived, republished and reexeeuted as the will of the deceased by the holographic writing dated January 2, 1929; and that the two writings together constituted one will and the last will of said deceased. An order and judgment was accordingly entered admitting to probate the first of these wills, with the addition thereto, as the last will of the deceased, and this appeal followed.