Estate of Helmar

Good Law
109 Cal. Rptr. 6·33 Cal. App. 3d 109
Court of Appeal of CaliforniaJune 27, 197341521California2,172 words

Opinion

Opinion

On September 21, 1971, Maizie Helmar died at Carbondale, Colorado, leaving an estate consisting of both real and personal property. On December 3, 1971, Faye Wright filed a petition for probate of holographic will of the following document, which contained the following typewritten introductory clause:

I, MAIZIE HELMAR, a resident of Los Angeles, County, California, of sound mind, over the age of eighteen years, abd bit [ sic ] acting under duress, menace, fraud, nor undue influence of any person, do make, publish and declare this instrument to be my LAST WILL AND TESTAMENT, as follows:"

The words "as follows," italicized above, and the balance of the purported will were entirely written and the document is dated in decedent's handwriting, except for the typewritten characters "e3" appearing at the top of the third and final page. A contest to the probate of said purported will was filed by five of deceased's first cousins alleging that the document in question was not a valid will. Following trial by the court the purported will was rejected and denied probate. In so ruling the court found as follows:

"6. The September 6, 1971 document was partially…

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