Estate of Pitcairn

This is an appeal from a judgment admitting a will to probate.

The decedent, Mary Miller Pitcairn, died a resident of Los Angeles County in March, 1934, leaving an estate which was formerly the community property of herself and her previously deceased spouse. The will was offered for probate by respondents, who are the next of kin and the sole legatees. A contest was filed by appellants, who are the heirs of the predeceased spouse of the testatrix. The only ground of contest is that the will was not executed with the formalities required by the statute. The proponents called Alec B. Francis and Jane Alcock, the subscribing witnesses, and their testimony is relied upon by contestants as showing a failure to comply with the statutory requirements. The trial court, however, found in favor of the proponents, and the question is therefore whether there is substantial evidence to support its findings and judgment.

It is clearly established that the will was entirely in the handwriting of the testatrix, with the exception of the date; that it was signed by the testatrix; and that it was subscribed by the two witnesses. It did not contain the usual complete form of attestation clause,…