Estate of Morris

California Court of Appeal Jan 6, 1969 No. Civ. No. 32711Published

Before: Shinn

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Holding. The court held that a holographic letter written by the decedent was testamentary in character and that the use of her initials as a signature was legally sufficient to constitute a valid will.

Issues

Whether a holographic letter addressed to a bank was testamentary in character.
Whether the use of initials as a signature is sufficient to validate a holographic will.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The use of the initials as a signature was an effective signing of the will.”

“It appears the decedent intended this document, even though in the form of a letter, to be sufficient to dispose of her property upon her death.”

268 Cal.App.2d 638 (1969) Estate of JESSIE BUTTERFIELD MORRIS, Deceased. MARY CHAMBERLAIN ROMAN, Petitioner and Appellant,

SECURITY FIRST NATIONAL BANK, Petitioner and Respondent; THOMAS C. LYNCH, as Attorney General, Respondent.

Civ. No. 32711. California Court of Appeals. Second Dist., Div. Three.

Jan. 6, 1969. Paul J. Molloy for Petitioner and Appellant. [639]

Knapp, Gill, Hibbert & Stevens and B. Richard Marsh for Petitioner and Respondent.

Thomas C. Lynch, Attorney General, and Carl Boronkay, Deputy Attorney General, for Respondent.

SHINN, J. [fn. *]

Jessie Butterfield Morris died on February 11, 1967. On April 6, 1967, Security First National Bank, respondent herein, offered the following document for probate as her holographic will:

"Nov ___1 -- '65"

"Sec--Bank--"

"S--Pasadena--"

"Always has been a letter to you, sealed & stamped to be forwarded if needed by accident to me--with frequent changes latest not complete because of a change in charity set up--"

"One half for crippled children & one half for SpC A You will act for me--"

"I cannot endure a life of inactivity nor could I even if I could afford such a life-- May be the answer is sell everything and go on a world cruise-- Dr. Lanham was so kind in the inevitable cruelty-- one thing is for sure & now a place to dispose of things ___"

"Short's bill first-- Inventory is in my box-- And here I have some precious bits & pieces Thank you always--"

J B M""

Previously, Marion I. Short, second cousin of decedent, had filed a petition for Letters of Administration of the estate, as had Mary Chamberlain Roman, appellant herein, also a second cousin. The petitions were predicated on the theory that no will existed and that the document offered was not testamentary in nature.

Estate of Morris

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