Ballesio v. Pontrelli

WORKS, J.,

pro

tem.

This is an appeal from an order admitting the will of Emma Ballesio to probate and from an order refusing to distribute her estate to John Ballesio, her son.

The writing admitted to probate as a will was executed on both sides of a piece of paper. On one side was the following, preceded by a date line:

“I, Emma Ballesio, being of sound mind wish to dispose of my property consistin of one lot at Monterey Calif and one hous and lot located at 2'627 Loosmore St Los Angeles Calif and all my othore property and personal and real to Ignazio Pontrelli, to him I give and bequeatch everything.

“(Signed) Emma Ballesio.

“Bettie F. Turner.

“John Visconti.”

On the reverse side of the sheet was the following:

“I Pontrelli Ignazio

“I agree to deposit one thousand dollars

$1000.00/100

in the bank for John Ballesio son of Emma Ballesio same pay to him when he will be 21—twenty-one years of age

“Emma Ballesio.

“Bettie F. Turner.

“John Visconti.”

The contest filed by appellant was based on grounds which were disposed of by findings of the trial court adverse to the allegations of the contest.

It is contended by appellant, as a question of law arising upon the face of the will, that the trial court “erred in its interpretation of the document admitted to probate as the will of Emma Ballesio in holding that the reverse side of said document with the writing thereon constituted a testamentary instrument.” It is said in support of this contention : “The language appearing on the face of the instrument is a clear and unqualified testamentary disposition of the entire estate of deceased to one Ignazio Pontrelli,

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