McFarland v. Bryson

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LANGDON, J.

The appellant, S. B. McFarland, filed a petition in the superior court in and for the county of Los Angeles for the probate of a document which he alleged to be the last will and testament of Robert S. Parker, deceased. The petition alleged that the value of the estate was approximately $3,900; that testator left no heirs at law; that at the time the document in question was executed testator was of the age of seventy-six years and in every respect competent to make a will; that the document is entirely in the handwriting of testator and dated and signed by him, and reads as follows:

“Los Angeles Feb 4 1922 “624 W 49 PI

“To S. B. McFarland and Family

“Thare is 2200 In Bonds In A Larje Envelop They Belong to R. F. Frazie I Loned Him 1500 Fifteen Hundred Dollars on Them now Sam All I want is To Be Put away Decent Not Expensive and if I Should Be Sick and Eny Bills I wished you would Pay them Thare is 500 In Bonds Them are mine Gold and Paper I Will Tell you all When I see you

“my Will To S. McFarland and Family

“I Remain your Friend “Robert S. Parker.”

Petitioner asked to have the foregoing document admitted to probate as the last will of decedent and that petitioner be appointed executor according to the tenor of said will, or administrator with the will annexed, as the court should see fit. While this petition was pending and undetermined, the respondent, as public administrator, petitioned for the probate of the same document as the last will of decedent, and asked that he be appointed administrator with the will annexed, upon the theory that no appointment was made in the will of an executor.

The trial court, however, refused the petition of both parties to admit the said document to probate as the last will of decedent and, later, the public administrator filed his petition for letters of administration, alleging that the document in question is an ambiguous writing. This petition was granted, and froin the order denying probate to the

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