In Re Estate of Hall

McFARLAND, J.

Louisa Hall, widow of George D. Hall, deceased, filed a petition in the probate court to have probated as a will of said deceased a certain written instrument of which the following is a copy:—

“Know all men by these presents, that I, George D. Hall, of the city and county of Alameda, state of California, the party of the first part, for and in consideration of the sum of five dollars, gold coin of the United States of America, to him in hand paid as also for and in consideration of the love and affection, and for the better maintenance and support of Louisa Hall (his wife), of the said city and county of Alameda, state of California, the party of the second part, the receipt whereof is hereby acknowledged, does by these presents grant, bargain, sell and convey unto the said party of the second part, his executors, administrators and assigns, all of the personal property of any and every description whatsoever which I do now possess, or may hereafter own or possess, as conclusively as though I had separately designated each and every parcel thereof separately. This conveyance, howuver, is to remain null and void during my lifetime, but to become of full force and effect immediately upon my decease without court process of any kind. And the said party of the second part is hereby authorized to at said time take full possession and have all the rights of ownership of the whole of said property; The said personal includes moneys, bank accounts,, bank books, and all other movable property of every description. To have and to hold, the same to the said party of the second part her executors, administrators and assigns forever. And I do, for myself and my heirs, executors and administrators covenant and agree to and with the said party of the second part, her executors, administrators and assigns to warrant and defend the title to the said property, goods and chattels hereby conveyed against the just and lawful claims and demands of all persons whomsoever.

[145]

“In witness whereof, I have hereunto set my hand and seal the fourteenth day of December in the year of our Lord one thousand eight hundred and ninety-four. George D. Hall. [Seal.]

“Signed, sealed, and delivered in the presence of E. L. Reese, Charles II. Hubbs.”

The probate of said instrument was contested by the respondents herein, who are heirs at law of the deceased, on the ground, among others, that the instrument is not a will. The court rendered judgment denying the probate, and from this judgment and from an order denying her motion for a new trial the said Louisa Hall appeals.