Sitton v. Harvey

WARNS, J. pro tem.* Contestants appeal from an order admitting a lost holographic will to probate and dismissing the contest thereof. Proponent of the lost will was Lila Lillian Harvey, sister of decedent, Mary Ethel Sitton, hereafter referred to as Ethel Sitton. Contestants were Elgan W. Sitton and Beatrice E. Sitton, parents of the deceased husband of the decedent. Contestant Elgan W. Sitton having died during the pendency of the proceedings, the appellants are Beatrice E. Sitton, individually and as special administratrix of the estate of Elgan W. Sitton, deceased.

Ethel Sitton, the decedent, was the surviving widow of G. W. (Buck) Sitton, the son of Elgan W. and Beatrice E. Sitton and when' Buck died, she inherited his entire estate, all of which was community property. There were no surviving children of the marriage.

Ethel Sitton died September 14, 1952, as the result of injuries sustained when an automobile she was driving overturned. No will was found. At the time of her death, the decedent resided in her own home at Durham, a few miles south of Chico, California. She worked as a bookkeeper for an appliance store in Durham, managed by Robert Edmiston. Another employee of the store was Eugene Conant.

In June of 1952, Ethel scheduled a trip east with a Mrs. Steadman. Prior to her departure she sought an appointment with Attorney James William Morgan of Chico about making a will. This appointment and a subsequent appointment were not kept, but either on June 18 or 19, 1952, during a telephone conversation he instructed her on the requirements of a holographic will. Morgan testified that following this conversation, “right shortly before” noon on the 19th, Ethel came to his office, identified herself, showed him a piece of paper and asked him if it was any good. The instrument was purportedly witnessed by ' Eugene Conant and Robert [3]Edmiston. It was dated either the 18th or 19th of June, 1952. To the best of Mr. Morgan’s recollection the instrument read: “To whom it may concern, I am going on a trip east and in the event that anything happens to me (death) all my possessions are to go to Lila Harvey.” He further testified that he asked her if she signed it and she said she had.

Eugene Conant testified that he signed the instrument Ethel executed, although he did not remember whether the will was dated. He stated that when he first saw the instrument Ethel had just finished writing it and was signing her name. He stated that he was familiar with Ethel’s handwriting, and that it was entirely in her handwriting; that he read the will, and by its terms all of her property was left to her sister, Lila.