Estate of Rudolph

112 Cal.App.3d 81 (1980) 169 Cal. Rptr. 126 Estate of ALINE BONENFANT RUDOLPH, Deceased.

THERESE L. BONENFANT, Petitioner and Appellant,

v.

RICHARD D. TABERY, as Administrator With the Will Annexed, etc., et al., Objectors and Respondents.

Docket No. 48141. Court of Appeals of California, First District, Division Four.

November 14, 1980. [82] COUNSEL

Feldman, Waldman & Kline, Patricia S. Mar, Richard Roisman and Kristina E. Harrigan for Petitioner and Appellant.

Penaluna, Penaluna & Townsley, Aleck Townsley and William W. Penaluna for Objectors and Respondents.

OPINION

POCHE, J.

This is an appeal from an order denying probate to a handwritten instrument purporting to be the last will and testament of the deceased.

Aline Bonenfant Rudolph died August 16, 1978. In an uncontested proceeding her formally executed will and codicil signed in 1956 and in 1960 respectively were admitted to probate and respondent was appointed administrator with the will annexed. Four months later appellant, [83] decedent's sister, petitioned both for revocation of that order and for admission to probate of the holograph which does not mention a month of execution. It is dated simply "Monday 26, 1978."

Without objection the trial court took judicial notice that in the year 1978 only once did the 26th day of a month occur on a Monday: in June. Nevertheless, the petition was denied on the sole ground the document did not contain an "entire" date.

We reverse.