In Re Estate of Plumel
Before: Sloss
Synopsis
Holographic Will—Date Partly Printed.—An unattested document, a portion of the date of which is printed, is invalid as a holographic will, because not entirely written, dated, and signed by the hand of the testator, and standing alone is not entitled to be admitted to probate.
Tr>.—Document Incorporated by Reference.—A will or codicil executed in accordance with the requirements of the statute may, by an • appropriate reference, incorporate within itself a document or paper not so executed. Such reference must be certain, and to an instrument then in existence.
Tt>.—Codicil Written on Same Paper as Will—Inference of Identity.—A codicil, by its very definition, imparts a reference to some prior paper as a will. And where a writing designated as a codicil, properly executed, is written on the reverse side of a sheet of paper, the obverse side of which contains a writing which purports to be a will,, that fact is sufficient to. justify the inference that the writing on the obverse side of the paper is the will referred to by the codicil, although the codicil in terms makes no specific reference thereto; and if no other will is produced, it is sufficient to identify the purported will and warrant its admission to probate.
Id.—Parol Evidence to Identify Document.—A reference in a will may be in such terms as to exclude oral testimony, as where it is to papers not yet written, or where the description is so vague as to be incapable of being applied to any instrument in particular; but where there is a reference to any written document, described as then existing in such terms that it is capable of being ascertained, parol evidence is admissible to ascertain it, and the only question is whether the evidence is sufficient for the purpose.
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