Estate of Duncan

1 Cal.App.3d 212 (1969) 81 Cal. Rptr. 568 Estate of ROBERT A. DUNCAN, Deceased.

PATRICIA GENIAC, Petitioner and Appellant,

v.

RALPH KAPLAN, Objector and Respondent.

Docket No. 34576. Court of Appeals of California, Second District, Division Three.

October 27, 1969. [214] COUNSEL

Darling, Mack, Hall & Call and Mathew S. Rae, Jr., for Petitioner and Appellant.

Eric Rafter for Objector and Respondent.

OPINION

SCHWEITZER, J.

Appellant, daughter of decedent, filed a petition for letters of administration. Respondent, a stranger, named executor in a document claimed to be a holographic will, filed a petition for probate of the purported will and for letters testamentary. Both petitions came on for hearing on January 20, 1969. No evidence was offered, appellant arguing that the purported will was invalid on its face since it was not entirely written, dated and signed by the decedent. (Prob. Code, § 53.) Appellant relied on Estate of Bower, 11 Cal.2d 180 [78 P.2d 1012], respondent on Estate of Baker, 59 Cal.2d 680 [31 Cal. Rptr. 33, 381 P.2d 913], both dealing with the incorporation of printed material into holographic wills. Following argument the petitions were taken under submission. On January 21, 1969, the court by minute orders denied the petition for letters of administration, and apparently for the purpose of permitting appellant to file a contest before probate, continued the petition for probate of will and for letters testamentary to a future date.

Thereafter appellant filed a contest before probate alleging (1) that the will was not executed as required by law, (2) that the testator was not of sound and disposing mind, and (3) that the testator acted under fraud, duress and undue influence of named persons. The contest before probate and the petition for probate of will and for letters testamentary are still pending.

Appellant appeals from the minute order denying her petition for letters of administration, contending (1) that the holographic will was invalid on its face in that it incorporated printed matter therein, and (2) that as a result, the petition for probate thereof should have been denied and the petiton for letters of administration should have been granted.