Estate of Graham
Pollock v. Tappan
Opinion
Lead Opinion
Langdon, J.
This is an appeal from an order and judgment of the superior court for the county of Alameda, admitting to probate as the last will of Margaret Graham, deceased, two certain documents hereinafter described.
The facts of the case are: Margaret Graham died on July 9, 1917, leaving as her only heirs at law the appellants, Bridget Pollock, Sarah Burns, and Mary Wall, sisters, and appellants, Eva Schutte and Lillie Terwilliger, nieces, daughters of a deceased sister. Her estate was valued at about nine thousand dollars. She had previously executed three testamentary documents—two wills and a codicil. The two wills were executed on the same day—May 17, 1917—one in the morning and the other in the afternoon. The codicil was executed on June 25, 1917. The will executed in the morning and the codicil were filed for probate on July 12, 1917, and later, on November 13, 1917, an amended and supplemental petition for probate was filed which stated that two wills and a codicil had been left by deceased, set out the second will as well as the first will and codicil, and asked the court to admit to probate such of the documents as might be determined to be valid wills of the deceased. A contest…