Estate of Johnston

In addition to leaving a will, concerning the authenticity of which no question is made, the decedent left behind her certain written matter which was by the trial court admitted to probate as a codicil to the will. Frederieka Home for the Aged was a beneficiary under the. will, but the bequest to that institution was revoked by the alleged codicil, if it shall be determined that the trial court properly admitted it to probate. The Zoological Society of San Diego and the San Diego County Hospital are named as beneficiaries in the codicil. The Fredericka Home appeals from the order of the trial court admitting the codicil to probate as a part of the last will and testament of decedent.

Several points are stated in the brief of appellant, but the determination of all of them depends upon the settlement of but one question: Was the evidence sufficient to support certain findings of the trial court to the effect that decedent intended and executed the alleged codicil as a codicil to her will?

• The matter held by the trial court to be a codicil is altogether in the handwriting of decedent. It is written in ink. It commences- immediately after the signatures of the witnesses to the…