Estate of Wilkinson

This is an appeal from an order admitting to probate an instrument purporting to be the holographic will of Antoinette G. Wilkinson, deceased, who died in Ala meda County on April 20, 1929. The instrument is entirely written, dated and signed by the hand of the testatrix herself, but the date it bears is “December—fourth, nine hundred and twenty-eight” (italics ours), and because of the error in designating- the century it is contended that the instrument does not conform to the statutory definition of a holographic will (Civ. Code, see. 1277), and consequently is invalid as such.

The right to make testamentary disposition of property is not an inherent right or a right of citizenship, nor is it even a right granted by the Constitution. It is derived solely from the statute and rests wholly upon legislative w'ill. Consequently a compliance with the exactions and requirements prescribed by the legislature looking to the execution and authentication of wills is necessary to the validity of any document offered for probate as a testament; and while the primary rule governing the interpretation of wills when admitted to probate recognizes and endeavors to carry out the intention of…