Schertzinger v. Williams

SHEPARD, J.

This is an appeal by contestant after probate from a judgment denying the petition of contest.

Facts

The pertinent facts shown by the record before us are as follows: Decedent’s holographic will was admitted to probate July 24, 1959. Contestant on August 14, 1959, filed her contest of the will on the ground that the will was not dated as required by law and on the second ground that the will was the product of undue influence. This second ground was withdrawn and abandoned at the opening of the trial by contestant and the cause was tried on the sole ground that the will was not dated as required by law. Contestant introduced no testimony that the questioned will was not entirely written, dated and signed in the handwriting of the testator.

The will is entirely contained on one side of one sheet of paper. In the extreme upper left hand corner of the sheet and entirely separate from the body of the will is a date defaced by several lines drawn through it. Immediately thereunder is the date, “Dee. 27—1954.” Said figure “27” has two horizontal lines through it and immediately beneath the figure “27” is written the figure “30.” In the center of the sheet at the top are the words,

“Last Will and Testament

of

Ernest Rose Williams

(also known as Ernest Ross Williams”

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In the upper right hand corner of this sheet are the figures “1896" with a line underneath and the figure “-58-." Following the title of the will is the body of the will. Near the bottom center of the sheet after the body of the will and above the signature of the testator is written, “Dee. 27-1954."

Date

The sole contention of contestant is that the will was invalid because it did not comply with the provisions of section 53 of the Probate Code. That section is concise and reads as follows:

“A holographic will is one that is entirely written, dated and signed by the hand of the testator himself. It is subject to no other form, and need not be witnessed. No address, date or other matter written, printed or stamped upon the document, which is not incorporated in the provisions which are in the handwriting of the decedent, shall be considered as any part of the will."