Estate of Lane

The issue before us on this appeal concerns the validity of the following written instrument as the last will and testament of Maurice Emmett Lane, deceased:

Maurice, having survived his wife Gwendolyn, died in November 1971. Offered for probate by the named executor, and admitted by the court as the last will and testament of Maurice, the will was thereafter contested by the latter’s son, respondent Larry Lane.

After a trial, which was to the court, the following findings of fact, among others, were made:

The record shows that these findings of fact were supported by substantial evidence. (See Green Trees Enterprises, Inc. v. Palm Springs Alpine Estates, Inc., 66 Cal.2d 782, 784-785 [ 59 Cal.Rptr. 141 , 427 P.2d 805 ].) The respondent Larry Lane appears to make no contention to the contrary. ..

As its sole “conclusion of law” the trial court stated: “The document was not executed in accordance with the California Probate Code and therefore failed as a valid will.”

It will be noted that the trial court’s express findings of fact establish that the will was subscribed, witnessed and otherwise executed in accordance with section 50 of the Probate Code. The findings’…