McQuarrie v. Kuttler

Several appeals are presented together in this court and cause. Of primary importance is the one taken from an order refusing to admit to probate a holographic document made by decedent, Ethel May Kuttler, on February 16, 1956.

Decedent died a widow on February 28, 1956, leaving three grandchildren as her sole heirs; two brothers and a sister survived her, as did Earl Hayter to whom she was engaged to marry. Her estate consisted of cash, stocks, bonds, trust deed notes, furniture and household and personal effects; also certain real property appraised at $52,500; the entire estate was valued at $143,000.

Her sister, Bertha McQuarrie, and her fiancé, Earl Hayter, petitioned for probate of the holographic instrument; their application was opposed by Michael M. Kuttler as guardian for the three minor grandchildren. The objections were sustained and probate of the document was denied. It reads:

*335 The trial judge ruled that the instrument is not testamentary in character, was not intended to be testamentary, was not intended to dispose of decedent’s property and did not do so. From the order denying probate Hayter and Mc-Quarrie appeal.

The effect of the instant ruling is to…

I cannot agree that we are compelled to conclude that Mrs. Kuttler intended the document in question to operate as her will over the contrary finding of the trial court.

Appellants assume and the majority opinion seems to hold *347 that because no conflicting testimony was introduced by respondents the trial court must accept appellants’ testimony at the value placed upon it by appellants, and if the trial court did not do so it was “disregarding” that evidence. Such is not necessarily the case. In evaluating appellants’ testimony the trial court was entitled to, and did, consider the manner in which the witnesses testified, the character of their testimony and their motives, and to weigh the testimony against words in the document in question, and other facts in the record. The fact that there was no conflicting testimony introduced by respondents did not prevent the trial court from disbelieving part or all of appellants’ testimony. (Code Civ. Proc., §1847; Huth v. Katz (1947), 30 Cal.2d 605, 608-609 [ 184 P.2d 521 ]; Odenthal v. Lee (1952), 113 Cal.App.2d 666, 669 [ 248 P.2d 937 ].)

Where such testimony was susceptible of different inferences, the trial court was entitled to…

ASHBURN, Acting P.J.

Several appeals are presented together in this court and cause. Of primary importance is the one taken from an order refusing to admit to probate a holographic document made by decedent, Ethel May Kuttler, on February 16, 1956.

Decedent died a widow on February 28, 1956, leaving three grandchildren as her sole heirs; two brothers and a sister survived her, as did Earl Hayter to whom she was engaged to marry. Her estate consisted of cash, stocks, bonds, trust deed notes, furniture and household and personal effects; also certain real property appraised at $52,500; the entire estate was valued at $143,000.

Her sister, Bertha McQuarrie, and her fiancé, Earl Hayter, petitioned for probate of the holographic instrument; their application was opposed by Michael M. Kuttler as guardian for the three minor grandchildren. The objections were sustained and probate of the document was denied. It reads:

"Los Angeles 15, Calif. February 16th, — 56 To whom it may concern: If at any time I should pass on before I have a recorded Will: this is to certify that I do not want Mike Kuttler or Vera Kuttler, my deceased Sons' wives to have one thing or one cent of what I have:…