Vroom v. Curtiss

TRAYNOR, J. This appeal is from an order of the superior court denying a petition for the probate of a document alleged to he the last will and testament of Harry C. Janes. The decedent died on December 9, 1938, in the county of Los [514]Angeles at the age of 66 years. After his death appellant, a chiropractor who had been attending him professionally for several years, found the purported will in a suitcase belonging to him. The instrument on its face is a valid holographic will. Attached to the instrument, however, is a slip of paper, unsigned and undated, on which appears in decedent’s handwriting: “This is a copy of my last Will, the original is in my safe deposit box.” No other will was found in decedent’s safe deposit box or among his effects.

The will offered for. probate is dated November 1, 1938, and contains a bequest of $5000 and two automobiles to the appellant. The residue of the estate is left to Dorothy Lee Janes Curtiss, the decedent’s daughter, who is named executrix. There is evidence that the night before decedent died he told appellant that he was leaving her $5000 and his two cars, and that he insisted that appellant go to his apartment for a suitcase containing the ownership certificates to the automobiles and instructions as to what should be done after his death. Appellant found in the suitcase the purported will, as well as decedent’s life insurance policy, a draft for $250 to be filled out and sent to his daughter, the ownership certificates to the automobiles, instructions concerning his funeral and the disposition of his body, and an authorization to appellant to take charge of his personal effects.

The trial court, finding that the purported will was not decedent’s last will and testament and that he died intestate, denied the petition for probate.

Appellant objects to the asserted failure of the trial court to make findings of fact. The court’s order, however, included the following: “ . . . and the Court being satisfied from said evidence that the instrument offered for probate in connection with said petition for probate of will is not the last will and testament of the said decedent, and that the said deceased died intestate. ...” Findings of fact may be included in a judgment or order. (Hopkins v. Warner, 109 Cal. 133, 139 [41 Pac. 868]; Hibernia Savings & Loan Society v. Clarke, 110 Cal. 27, 32 [42 Pac. 425]; In re Bensfield, 102 Cal. App. 445, 448 [283 Pac. 112]. See Estate of Exterstein, 2 Cal. (2d) 13, 15 [38 Pac. (2d) 151].) The court’s finding was upon the ultimate fact in issue and was therefore sufficient. (See cases cited in 24 Cal. Jur. 975.)