Smith v. Musser

FLEMING, J. — Harry Stephenson died of a heart attack in 1961, leaving an estate of personal property, consisting mostly of securities, and a holographic document dated September 22, 1944, written on the flyleaf of a prayer book, reading :

“22 Sept. 1944 — R.B. No time left — This could be it — After 5 days (years) of action — If necessary please return my Good Book and all posessions to my Aunt Alyce Mae Smith, 434 No. Hill Street,

Los Angeles — 12, California

Harry A. Stephenson 321-81-39243671”

The trial court found this document to be a will, but also found that the will only disposed of the book and possessions [328]which decedent had with him overseas in 1944 and that he had died intestate with respect to his remaining property— which included everything of substantial value in his estate. Alyce Smith, the sole beneficiary under the will, has appealed from this construction.

The trial court considered the document ambiguous, and therefore admitted extrinsic evidence in order to determine its intent and meaning. Stephenson had written the document while overseas with the armed forces at a time when he owned little property. Alyce Smith, although not related by blood to Stephenson, was the person closest to him in life. Prior to Stephenson’s entry into the Army in World War II he had lived with the Smiths for several years, and during this time they had supported him. Alyce Smith was named on his soldier’s identification tags and in his soldier’s pay record as the person to be notified in case of emergency, and she was the beneficiary of his National Service Life Insurance, the proceeds of which she received on his death. Following the end of World War II Stephenson resided continuously with Alyce Smith until his death in 1961. The stock certificates which comprised the principal assets of his estate, he kept in Alyce Smith’s safe deposit box. The prayer book containing the holographic document was found in a wooden box located in his room at the foot of his bed.

This ease presents three questions: Was the document a will? Was it intended to continue in effect after the war? Of what property did it dispose?

1. We agree with the trial court that the document was a will. Liberal construction of holographic documents is the rule, particularly with respect to those made by persons in the armed forces in the face of imminent peril of death. (Prob. Code, §§ 53, 54.) As summarized by Mr. Wit-kin, 4 Summary of California Law (1960) section 94, pages 3083-3084: “Prob.C. 53 states that the holographic will is ‘subject to no other form’; hence no particular words are necessary. A letter or other informal document will be sufficient if it discloses the necessary testamentary intent, i. e. if it appears that the decedent intended to direct the final disposition of his property after his death. The surrounding circumstances may be considered in reaching a conclusion on this issue.” In the light of this rule the prayer book flyleaf qualified as a will.