Estate of Lando

California Court of Appeal Apr 28, 1970 No. 34912Published

Before: Fleming

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Holding. A holographic will remains valid under Probate Code section 53 even if it contains non-handwritten letterhead, provided that the extraneous material is not incorporated into the testator's testamentary provisions and is considered mere surplusage.

Issues

Whether a holographic will is invalid because it contains an impressed letterhead that was not part of the testator's handwritten provisions.
Whether the testator intended to incorporate the impressed letterhead into the dispositive provisions of the will.

Disposition. affirmed

Quotations verified verbatim against the opinion

“the mere presence of printed matter on the paper is not fatal to the validity of a holographic will if the printed matter is not included or incorporated, directly or indirectly, into the will.”

“the entire letterhead was surplusage and none of it was incorporated into the will”

7 Cal.App.3d 8 (1970) 86 Cal. Rptr. 443 Estate of MAXIMILLIAN N. LANDO, Deceased.

YOLAN GOLDBERGER et al., Plaintiffs and Appellants,

CROCKER CITIZENS NATIONAL BANK, as Executor, etc., et al., Defendants and Respondents.

Docket No. 34912. Court of Appeals of California, Second District, Division Two.

April 28, 1970. [9] COUNSEL

Dubrow & Bell, Dennis Dubrow, Brock & Rykoff, Robert L. Brock, Louis Naiditch and Ellis J. Horvitz for Plaintiffs and Appellants.

Thomas C. Lynch, Attorney General, Carl Boronkay, Deputy Attorney General, John D. Maharg, County Counsel, Michael H. Dougherty, Deputy County Counsel, Roger Arnebergh, City Attorney, Bourke Jones, Charles W. Sullivan, Assistant City Attorneys, L.A. Weaver, Deputy City Attorney, Donovan & Gould, Dennis F. Donovan, Edward M. Raskin and Gerald E. Lichtig for Defendants and Respondents.

OPINION

FLEMING, J.

Yolan Goldberger, next-of-kin of decedent Maximillian N. Lando, and her assignees, appeal the denial of their petition to revoke probate of decedent's holographic will on the ground that the will is not entirely in decedent's handwriting. Respondents are beneficiaries under the will the University of Minnesota, the Attorney General of California (representing a charitable trust for the benefit of the People of Los Angeles (Estate of Schloss, 56 Cal.2d 248, 257 [14 Cal. Rptr. 643, 363 P.2d 875])), the City of Los Angeles, and the County of Los Angeles and the executor of the will Crocker-Citizens National Bank.

The will begins with the title, "Last Will and Testament of Maximillian N. Lando." The title and the matter following it, which includes the dispositive provisions, the date, and the signature, are entirely in the handwriting of the decedent. Above the handwritten title, "Last Will and Testament of Maximillian N. Lando," is an impressed letterhead:

"DR. M.N. LANDO OPTOMETRIST 5542 BARTON AVE., HOLLYWOOD, CALIF. HEMPSTEAD 4835" The number "38" has been written in ink after "CALIF.," a line has been drawn through "HEMPSTEAD 4835," and a handwritten "HO-3-0594" has has been added. Thus, the impressed letterhead has been corrected to read:

Estate of Lando

AI Brief

OPINION

FLEMING, J.

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