Estate of Bauman

This is an appeal from an order denying a petition for the probate of an alleged will. The instrument, the probate of which was refused on the ground that the document was not signed by the deceased, reads as follows:

A photographic copy of the document appears in the transcript. It was stipulated that the instrument is entirely in the handwriting of the deceased, and the only question presented is whether or not it was signed by Lovina Bauman within the meaning of section 1277 of the Civil Code.

The rules governing the decision of such a question are well established, although their application in a particular case often presents a close question. As expressed in Estate of Manchester, 174 Cal. 417 [Ann. Cas. 1918B, 227, L. R. A. 1917D, 629, 163 Pac. 358 ], and frequently followed since, the general rule is:

In a number of cases, in considering whether or not there are indications on the face of an instrument that a signature which appears in an unusual place thereon was intended as an execution thereof, considerable weight is given to the fact that the will appears to be incomplete (Estate of Manchester, supra; Estate of Hurley, 178 Cal. 713 [ 174 Pac. 669 ] ; Estate of…