Garibaldi v. Garibaldi

GIBSON, C. J. A document offered as the holographic will of the decedent, Theresa Garibaldi, was denied probate on [110]the ground that it was procured by undue influence. The three proponents (Leona, Joseph, and Leo) and the five contestants (Elvira, Edith, Henry, Clarence, and Raymond) are the surviving children and sole heirs at law of decedent.

Decedent died in October 1956 at the age of 87. The holographic document, which was written in Italian less than four months before her death, was translated as follows:

“June 16, 1956

“I declare that I, Leona, Joe and Leo are partners in the properties and in the debts. Therefore I will that my share be divided into equal shares to Leona, Joe, and Leo.

“And we partners must pay Elvira, Edith, Henry, Clarence, and Raymond $7,000.

Theresa Garibaldi.”

Decedent’s husband died in 1939 leaving her three parcels of real property referred to as the home ranch, the river ranch, and the mountain ranch. Her net worth at that time was approximately $46,800. The ranches, which were enlarged by purchases, greatly appreciated in value and were worth about $700,000 at the time of her death. She lived at the home ranch with the proponents, who were not married. The contestants had been raised on the home ranch but upon marriage each had moved away, apparently prior to 1939. They often visited and helped decedent, and some of them took care of her at times. She was fond of all her children and grandchildren, and on several occasions, including once in April 1956, she stated that she wanted all her children to share equally in any property she might leave.

During the last eight years of her life decedent suffered from a number of ailments including hypertension, sciatica, arteriosclerosis, hernia, divertieulosis of the colon, dyspnea, pleural effusion, nonfunctioning gall bladder, portal cirrhosis, and hypertrophic arthritis of the spine. She was under the constant care of a physician and was hospitalized on five occasions, once for a period of seven months. For more than two years prior to her death she had a special nurse and was unable to walk by herself. Her speech was hesitant and fumbling for the last four or five months, and her mind was “not too clear.”

After the death of decedent’s husband, proponents managed her business affairs except for the mountain ranch which was managed by Henry. She trusted her children and would sign without question any instrument they would give her.