Estate of Price

This is an appeal from an order denying probate of an instrument purporting to be the last will and testament of Elizabeth Price, deceased, as holographic.

The appeal is by one Judd Allen Page, who is named in said purported will as the executor thereof, and who was the petitioner for the probate of the same.

The instrument was denied probate upon the ground that it was not “dated” by the deceased within the meaning of section 1277 of the Civil Code, defining a holographic will.

The instrument was written by and in the handwriting of the deceased, but the purported date of its execution reads: “Dated this- day of-, 1906.” Thus it will be noticed that there is nothing definite about the “date” except the year, the day and month being omitted. Therefore, the only question submitted for solution here is whether the numerals combined together as representing the year— “1906”—constitute a “date” within the meaning or contemplation of the section of the Civil Code referred to.

Said section reads: “A holographic will is one that is entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this state, and need…