Estate of Kelleher

This is an appeal from an order granting motion of respondents for nonsuit and denying the petition of appellant for admission to probate of an alleged codicil to the will of Mathew Kelleher, deceased.

Decedent, on February 9, 1914, while visiting in Ireland, made a will in which he named respondent Richard T. Pomeroy as one of the executors and Daniel Kelleher of Boston, his cousin, as one of the legatees. The legacy to Daniel, in the sum of 6,000 pounds sterling, about $30,000, was conditioned upon the legatee surviving the testator. The legatee died March 6, 1921, and the testator June 18, 1921, some three months later. At the time of his death the testator was a resident of the city and county of San Francisco and left an estate therein valued at about $90,000. On September 26, 1921, his will was duly admitted to probate in the superior court for said city and county and said Richard T. Pomeroy was appointed by the court as executor thereof.

On July 2, 1925, almost four years later, appellant Helen H. Walsh, a niece of Daniel’s wife, petitioned the court to admit to probate as a holographic codicil to said will, the letter partially quoted below, claiming that by said…