Estate of McNamara

DRAPEAU, J.

John McNamara died July 5, 1952. He owned several apartment houses and other property. His heirs were seven nieces and nephews.

He attempted to make a will, and to leave all of his property to one of his nephews, Carroll E. Ritchie. In his own handwriting he wrote the following on a sheet of paper:

“June 26 1952

“I in my right mind and in full possession of my senses do hereby bequeth to my nephew Carroll E. .Ritchie my full interest in the Royal Alice Apts 214 East Adams Blvd my full interest in the Villard Apts 228 West 28th St my full

[746]

interest in the Donna Apts 2731 West 15th St. my full interest in the Abby Apts 1649 West 48th St. my full interest in lots 26-27 Block K Norwalk and what money I have in the Security First National Bank and it is my wish he be the administrator of my estate.”

If Mr. McNamara had gone on and subscribed his name to what he had written, the writing would, of course, have been a valid holographic will. For it would then have complied with section 53 of the Probate Code,—“entirely written, dated and signed by the hand of the testator himself. ’ ’ Instead of doing this, Mr. McNamara asked Mr. Ritchie to copy what he had written. He said he couldn’t spell so well.

So Mr. Ritchie copied Mr. McNamara’s writing onto another piece of paper. On this other paper, under Mr. Ritchie’s writing, Mr. McNamara wrote: “I have read the above statement, ’ ’ and signed his name. Beneath his signature he wrote the date, “June 26, 1952.”

Then Mr. McNamara handed the document to Mr. Ritchie, and said, “This will protect you.”

Mr. Ritchie presented the writing for probate.

In the probate court Mr. Ritchie testified that, upon decedent’s representation and promise to leave the property to him by will, he had sold his own business and was taking care of decedent’s apartment houses when the writing was made. He also testified that after he had copied decedent’s handwriting and decedent had written his name and the date on the paper, decedent said he approved it.