Estate of Olssen

Bad Law
1919 Cal. App. LEXIS 831·42 Cal. App. 656·184 P. 22
Court of Appeal of CaliforniaAugust 13, 1919Civ. No. 2958.California617 words

Opinion

Lead Opinion

Richards, J.

This is an appeal from an order and decree admitting the olographic will of one Jack Olssen to probate upon the petition of the devisee named therein.

The following is a copy of the document in question:

The trial court in its findings construed the above document, with the proper spelling of the words therein, to read as follows:

To this reading the appellants offer no particular objection, but insist that the original document, even with this reading, has not the qualities of an olographic will, and is otherwise too indefinite as to its intent to be given effect. [1] The first arrow of the appellants is aimed at the date of the instrument, but we think this assault is sufficiently met by the decision of the supreme court in the matter of the Estate of Chevallier, 159 Cal. 161 , [ 113 Pac. 130 ], in which the figures “4-14-07” were held to amount to a sufficient dating of an olographic will. The appellant insists that the addition of the letters “th,” in connection with the figures at the head of the instrument in question here, renders their meaning uncertain, but we think that this is a hyper criticism, and that no real distinction can be found between the two cases. [2] The…

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