Estate of Behrens

Appeal by Caroline Weissich, a legatee under the alleged olographic will of Jacob (sometimes known as James) Behrens, deceased, from an order of the superior court of Santa Clara county denying the probate of the will. Grounds of opposition to the probate were filed by E. E. Cothran, Esq., appointed by the court as attorney for absent heirs, on behalf of Henry and Augusta Behrens, claiming to be brother and sister of deceased. Th'e will bears a date written between the body of the wdll and the signature in the following form: “Febr. 12, ’98.”- No issue is raised as to the genuineness of the body of the will or the signature, both being conceded to' be in the handwriting of deceased. The issues were tried by the court without a jury, and the court denied probate of the will on the ground that the date is not in the handwriting of deceased. The evidence is brought up by bill of exceptions.

The material issues of fact urged here by appellants axe: 1. "Whether the date, “Feb. 12, ’98,” is in the handwriting of ■deceased; and 2. "Whether the contestants ’established the fact of their heirship, which it is urged should be specially alleged and proved. The following questions are also…