Estate of Rudolph

Penaluna, Penaluna & Townsley, Aleck Townsley and William W. Penaluna for Objectors and Respondents.

OPINION

POCHE, J.

This is an appeal from an order denying probate to a handwritten instrument purporting to be the last will and testament of the deceased.

Aline Bonenfant Rudolph died August 16, 1978. In an uncontested proceeding her formally executed will and codicil signed in 1956 and in 1960 respectively were admitted to probate and respondent was appointed administrator with the will annexed. Four months later appellant, decedent's sister, petitioned both for revocation of that order and for admission to probate of the holograph which does not mention a month of execution. It is dated simply "Monday 26, 1978."

Without objection the trial court took judicial notice that in the year 1978 only once did the 26th day of a month occur on a Monday: in June. Nevertheless, the petition was denied on the sole ground the document did not contain an "entire" date.

We reverse.

It has long been recognized that the statutory [*] requirement of a date serves two purposes: (1) it allows evaluation of testamentary capacity as of the specific time the instrument was executed, and (2) in…