Estate of Silva

The decedent, Frank V. Silva, died on March 22, 1912. On April 22, 1912, an order was made admitting a certain document to probate as his last will. Thereafter, within the time here allowed by law, the appellants filed a petition for the revocation of the probate of the will. After trial the court denied the revocation, the appellants moved for a new trial and the court thereupon denied the motion. From this order the petitioners appeal. The decedent left no issue. The appellants are his brothers and sisters.

The first point made in support of the appeal is that the document admitted to probate is not testamentary in character, The following is a copy of the paper:

The appellants claim that the instrument does not describe any property nor in any way refer to property so as to constitute a disposition thereof. We think, however, that this contention cannot be sustained. A will is always to be interpreted so as to prevent intestacy if such interpretation is reasonably possible. (Civ. Code, see. 1326.) The courts are very liberal in construing words in a will written by one unfamiliar with the English language or unused to technical terms. (Mitchell v. Donohue, 100 Cal. 208 , [38…