Estate of Rose

Emmason C. Rose, the husband of appellant herein, died June 10, 1927, in the city of Los Angeles. Prior thereto he executed two holographic wills, one dated April 16, 1927, and the other June 4, 1927—the latter six days prior to his death. The will of April 16th reads as follows:

The will of June 4th reads:

The deceased left surviving him his wife, the appellant herein, and Watson S. Rose, a son, seventeen years of age.

The last will was admitted to probate on July 5, 1927. Thereafter and on October 20, 1927, the appellant, Mrs. Rose, petitioned the probate court to admit the will of April 16th to probate as a part of the last will. Probate was denied by the judge of the probate department of the superior court of Los Angeles County upon the ground that the will of April 16th was revoked by the will of June 4th. It is from this order denying probate to the first will that the appeal is taken. No question is raised respecting the capacity of the testator, the form or the execution of the documents by him. The sole question to be decided is, Did the last will revoke the prior will?

It will be noted that in the first will the testator provided that the sum of five thousand…