Estate of Howell

50 Cal.2d 211 (1958) Estate of FRANCES R. HOWELL, Deceased. WALTER R. HOWELL, Appellant,

v.

MARY F. O'MALLEY et al., Respondents.

L. A. No. 24604. Supreme Court of California. In Bank.

Apr. 22, 1958. Paul R. Hutchinson for Appellant.

A. J. O'Connor and George J. Hider for Respondents.

McCOMB, J.

This is an appeal by Walter R. Howell from an order denying his petition for revocation of the probate of the will of Frances R. Howell, deceased.

Frances R. Howell died August 19, 1955, leaving the following document: [212]

Last Will and Testament

I, Frances R. Howell, a resident of Los Angeles, California, declare this to be my last Will and revoke all other Wills previously made by me:

First: Mutual of New York Insurance Policy for One Thousand ($1,000.00) Dollars to my son, Walter R. Howell, to be used for payment of funeral expenses: The remainder to be used for low masses.

Second: Equitable Insurance Policies for One Thousand ($1,000.00) Dollars each, total value--Two ($2,000.00) Dollars to be converted into U S Savings Bonds of the following denominations: Two--One Thousand ($1,000.00) Dollar Bonds Seven--One Hundred ($100.00) Dollar Bonds--Total cost of these bonds--Two Thousand and Twenty- Five ($2,025.00) Dollars. The additional Twenty-Five ($25.00) Dollars to be paid from savings account. These bonds to be held until maturity for my granddaughters, Virginia and Francine Howell and to be divided

I appoint Walter R. Howell as Executor of this Will and Mary F. O'Malley as Co-Executrix of this Will.

This Will was signed by me on the fifth day of August, 1955, at 1458 Logan St. Los Angeles, 26, California.

Mrs. Frances R. Howell

The foregoing instrument was, on the date thereof, signed by the testator, Frances R. Howell, in our presence, we being present at the same time, and she then declared to us that the said instrument was her last Will; and we, at the request of said Frances R. Howell, and in her presence, and in the presence of each other, have signed the same as witnesses. We further declare that at the time of signing this Will the said Frances R. Howell appeared to be of sound and disposing mind and memory and not acting under duress, menace, fraud or the undue influence of any person whomsoever.