Howell v. O'Malley

McCOMB, J. This is an appeal by Walter R. Howell from an order denying his petition for revocation of the probate of the will of Frances R. Howell, deceased.

Frances R. Howell died August 19, 1955, leaving the following document:

[212]

[213]

[214]

This is the sole question presented for determination: Was the purported will executed in accordance with the requirements of section 50 of the Probate Code?

No. Section 50 of the Probate Code reads in part:

“Every will, other than a nuncupative will, must be in writing and every will, other than a holographic will and a nuncupative will, must be executed and attested as follows: “ (1) Subscription. It must be subscribed at the end thereof by the testator himself, or some person in his presence and by his direction must subscribe his name thereto.

“ (4) Attesting witnesses: There must be at least two attesting witnesses, each of whom must sign the instrument as a witness, at the end of the will, at the testator’s request and in his presence.” (Italics added.)

The purported will consists of three pages. The first page is a printed form entitled “Last Will and Testament.” Two testamentary provisions and the appointment of executors were typed on the form. On the same page, in the space provided on the form, appear the signature of the testatrix, “Mrs. Frances R. Howell,” and an attestation clause signed [215]