Roman v. Security First National Bank

SHINN, J.* Jessie Butterfield Morris died on February 11, 1967. On April 6, 1967, Security First National Bank, respondent herein, offered the following document for probate as her holographic will:

“Nov-1- ’65

“See—Bank—

“S—Pasadena—

“Always has been a letter to you, sealed & stamped to be forwarded if needed by accident to me—with frequent changes latest not complete because of a change in charity set up—

“One half for crippled children & one half for S P C A You will act for me—

“I cannot endure a life of inactivity nor could I even if I could afford such a life—■ May be the answer is sell everything and go on a world cruise— Dr. Lanham was so kind in the inevitable cruelty— one thing is for sure & now a place to dispose of things-

“Short’s bill first— Inventory is in my box— And here I have some precious bits & pieces Thank you always—

JBM”

Previously, Marion I. Short, second cousin of decedent, had filed a petition for Letters of Administration of the estate, as had Mary Chamberlain Roman, appellant herein, also a second cousin. The petitions were predicated on the theory that no will existed and that the document offered was not testamentary in nature.

All matters were consolidated for hearing, and on June 28, 1967, each petition for Letters of Administration was denied, and the document submitted by Security First National Bank was admitted to probate as decedent’s holographic will. No challenge was made as to its being wholly written, dated and signed by the decedent.

Roy A. Higgins, manager of the South Pasadena branch of Security First National Bank, testified that he had known decedent since 1959; she had maintained a checking account [640]and safe deposit box at this branch up until her death; she would frequently visit the bank and discuss many various matters with him. Mr. Higgins first saw the document admitted to probate shortly after its date of November 1, 1965, when decedent had mailed it to the bank. Mr. Higgins testified further that he had recognized the letter to be entirely in decedent’s own handwriting; he had never discussed the letter with decedent nor had she ever mentioned it to him; Mr. Pokes of the trust department had tried to contact her but she did not allow him to come to her home and she had made no follow-up to his call; that the bank had received no correspondence concerning the letter.