Estate of Kaminski

California Court of Appeal Jul 9, 1941 No. Civ. 12971Published

Before: York

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Holding. The court held that a holographic will is valid even if the testator's signature appears only at the beginning of the document, provided the instrument is a complete testamentary expression. The trial court's findings regarding the authenticity of the handwriting are conclusive when based on conflicting evidence.

Issues

Whether the evidence supports the finding that the document was entirely written, dated, and signed by the testatrix.
Whether a name written only at the beginning of a holographic will constitutes a valid signature of execution.

Disposition. affirmed

Quotations verified verbatim against the opinion

“the authenticating signature of the testator is not required to be at the end, but may be found elsewhere in the body of the testamentary document.”

“Whenever it has appeared that a holographic testamentary instrument was a completed declaration of the decedent’s desires, such an instrument has been admitted to probate although the decedent wrote his name only in the beginning”

YORK, P. J.

Belle Kaminski died leaving an instrument testamentary in character. After a contest initiated by appellant, who is a brother of decedent, the trial court found said instrument to be a valid holographic will, and with the exception of two names appended thereto, that “said document was entirely written, dated and signed by the hand of the testatrix herself. ’ ’ .

From the judgment admitting said document to probate as the last will and testament of said decedent, and directing that letters testamentary be issued to respondent Milton Grostein, another brother of testatrix, this appeal is prosecuted.

Said testamentary instrument reads as follows:

“Last will and testament of Belle Kaminski, Dec. 8-1937 of

[780]

Los Angeles, Cal. Age 70 yrs. old & being of sound & disposing mind and memory & not acting under menace fraud or undue influence of any person whatever, do make publish and declare this my last will & testament in the manner following, that is to say

“Patsy Gene Grostein......................$5000

“Rena Weil..........".................... 3000

“Henry Grostein.......................... 5000

“Milton Grostein.......................... 5000

“Mollie Snyder........................... 500

‘ ‘ Gregg F. Bridges......................... 1000

for pleasures he gave me while on earth.

Milton Grostein to get my share of the Grostein estate & anything else left of my bonds etc.

“My clothes etc. give away to whom you please.

“Chloroform my dog when I am gone. Rena & Milton do with everything else you think fit.

Tell no one of this will.

My diamond watch to Patsy Gene, also the bow-knot pin. My ring one stone to Rena & one to Milton.

Estate of Kaminski

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YORK, P. J.

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