Estate of Lampkin

203 Cal.App.2d 374 (1962) Estate of R. C. LAMPKIN, Deceased. JIM SMITH, Petitioner and Appellant,

v.

JAMES C. HART et al., Contestants and Respondents.

Civ. No. 10260. California Court of Appeals. Third Dist.

May 8, 1962. Carroll Single, Edson & Weigand and Joseph I. Omachi for Petitioner and Appellant.

Charles A. James for Contestants and Respondents.

PEEK, P. J.

Jim Smith, proponent and sole beneficiary of a holographic instrument, appeals from the judgment of [375] nonsuit and from the order appointing James C. Hart the administrator of the estate of Robert C. Lampkin.

Robert Lampkin, who had never been married and had no children, was 60 years of age, retired, and living alone in a small house that he owned. Smith, who also lived alone, was 68 years of age and a dealer in junk. He had been a friend of Lampkin's since 1932 and had been in the habit of stopping daily to visit with Lampkin. On the 25th of January 1960, Lampkin asked Smith to come into his house. He then gave him the instrument in question. The following day Smith stopped by Lampkin's home and receiving no response from Lampkin, he returned to his home, obtained the instrument, and went to the sheriff's office. Two deputies returned with Smith to the Lampkin home and found Lampkin dead.

Smith petitioned for letters of administration and for probate of the holographic instrument he had received from Lampkin. Contestants, two brothers and seven nieces and nephews, filed a petition for letters of administration and requested that their petition be heard on the same date as that of Smith.

At the hearing the court considered the following written instrument offered by Smith for probate:

"Stockton, Calif"

1-25-60.

"to Whom it May"

Consern

"I here by do give it Jim Smith. who live at 3444 Phelp St. all of the Junk around here in my Cabin and Yard and old Cars and Every thing."