Restate of Swetmann

Dario de Ghetaldi, Corey, Luzaich, Manos & Pliska, Millbrae, Counsel for Objector and Appellant George Cushing.

Ruth Downs Sullivan, Sullivan Law Office, Lyn C. Bierce, Mires & Bierce, San Francisco, Counsel for Petitioner and Respondent Margaret Corcoran.

RICHMAN, J. [*]

In this case of first impression, we are called upon to interpret section 21350 of the Probate Code insofar as it restricts transfers to a fiduciary who "transcribes the instrument or causes it to be transcribed." (Subd. (a)(4).) We then apply that interpretation to the will of Regis Swetmann, who left the residue of his estate to George Cushing (Cushing), his conservator (who also had, for many years, a power of attorney), who procured for decedent the company which produced the will, introduced the company representative to him, and as conservator paid for the services, but who had nothing to do with the contents of the will or its physical preparation. We conclude, contrary to the trial court, that those activities do not support the conclusion that Cushing caused the will to be transcribed. We therefore reverse.

Regis Swetmann (Regis) and Vera Swetmann (Vera) were husband and wife, who died within two…