Estate of Atkinson

This is an appeal by Lucile Atkinson, Margaret Atldnson Gardner (formerly Margaret Atkinson) and Henry Atkinson, devisees and legatees named in the last will of the above-named decedent, from an order “admitting to probate as codicils to said last will . . . two certain writings appearing on pages one and two of said last will”.

The will mentioned is typewritten and was duly attested by subscribing witnesses November 2, láll. The second and third clauses thereof bequeath sums of money to persons named therein. The fourth clause gives money and described real estate to the decedent’s wife. The fifth and sixth clauses read as follows:

On July 9, 1913, the decedent drew ink lines through the words of the second and third clauses of the will and wrote, in red ink, across the typewritten lines thereof the following:

Appellants admit that the second andf third clauses were effectively canceled and the only contentions made by them relate to the writing over the sixth clause.

The mere presence of typewritten words upon the paper upon which the codicil is written does not render the olographic codicil, of which such words form no part, invalid. (Estate of De Caeeia, 205 Cal. 719 [61…