In Re Estate of Hartley

OLNEY, J.

In this case a document entirely written, dated, and signed in the hand of the testator was admitted to probate. The entire document reads as follows:

“Los Angeles, Cal., Aug. 15th, 1917.

“My Last Will.

“Frank J. Hartley—being of sound and disposing mind—■

as follows—I bequeath,

To my daughter Lillian M. Murphey............... 500.00

To my daughter Edith F. Haney...................$500.00

To my son Francis C. Hartley.....................$500.00

To my daughter Loretta T. Hartley................$500.00

To my son Sylvester B. Hartley...................$500.00

To my son Lawrence F. Hartley...................$500.00

To my son Herbert J. Hartley....................$500.00

To my wife Ida S. Hartley........................$100.00

and no more as property settlement has long been made, same is of record. And I herein name my son Francis C. Hartley to act as administrator of my estate, and in case of his death my daughter Edith F. Haney to act as my administratrix.

“ (Signed) Frank J. Hartley.

“Residue to be divided equally between my daughter Lillian, my daughter Edith and my son Francis C. Hartley.

“ (Signed) Frank J. Hartley.

“Funeral expenses to be paid first out of money on hand or life insurance money. F. J. H.”

After the will had been admitted to probate a contest was inaugurated by certain of the heirs against the portion of the instrument following the first signature of the testator and by which the residue of the testator’s estate was given to three of his children.

The point made on the contest is that this portion of the will is a codicil and not being separately dated is void. The question is identical with that presented in the ease of

La Grave