In re Estate of Rand
Synopsis
Olographic Will—Stationer’s Blank—Revocation of Probate of Will—Estate of Deceased Persons—Portions in Handwriting of Deceased can not be Admitted to Probate as his Olographic Will.— An olographic will is one that is entirely written, dated and signed by the hand of the testator himself. It is subject to no other form and maybe made in or out of this State, and need not be witnessed. (O. 0., § 1277.)
Held: 1. Where portions of the paper was printed in the form of a stationer’s blank, and the vacant spaces therein were filled in the handwriting of the deceased, the instrument is not an olographic will. 2. The portion of the paper which was written by the deceased cannot be admitted to probate, as his olographic will as that would be in effect to change the statute, and make it read that such portions of an instrument as are in the handwriting of the deceased constitute an olographic will.
The Court : A paper, of which the following is a copy, was admitted to probate as an olographic will, viz.:
“In the Name of God. Amen.
“ I, Augustus C. Rand, of the City and County of San Francisco, State of California, of the age of seventy-six years, and being of sound and disposing mind, and not under any restraint or the influence or representation of any person whatever, do malic, publish, and declare this my last will and testamentan manner following, that is to say:
“ First. I direct that my body be decently buried, without undue ceremony or ostentation, but with proper regard to my station and condition in life and the circumstances of my estate.
“ Secondly. I direct that my executor, hereinafter named, as soon as he has sufficient funds in his hands, pay my funeral expenses and the expenses of my last sickness.
“ Thirdly. I will and bequeath to Mary Ann Babcock, wife of George Babcock, of Oakland, County of Alameda, State of California, all the right, title, and interest belonging to me in a piece of real estate situate in Brooklyn Township, County of Alameda, State of California, being known as the Mc-Cracken ranch, consisting of about sixty-five (65) acres, together with all the- improvements and additions that I have made thereunto.
“Also, all my right, title, and interest in a house and lot in the City and County of San Francisco and State of California, known as No. 9 Second avenue, with all the improvements and appurtenances thereunto belonging.
“Lastly. I hereby appoint George Babcock, of Oakland, County of Alameda and State of California, the executor of this my last will and testament, hereby revoking all former wills by me made.
“ In witness whereof, I have hereunto set my hand and seal [475]this twentieth clay of October, in the year of our Lord one thousand eight h/wndred and seventy-seven.
Augustus 0. Rand.
“ The foregoimg instrument, consisting of-page besides this, was, at the date thereof, by the said-signed and sealed and published as and declared to be-last will and testament, in presence of us, who, at-request, and in -presence and in presence of each other, have subscribed our names as witnesses thereto.
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