King

Appellant presented to the superior court of the county of Fresno, sitting in probate, an instrument which he alleged to be an olographic will, — the last will and testament of John McCalman, who died in said county on or about the sixteenth day of July, 1888. Appellant was named in said alleged will as sole executor. And he prayed that said alleged will be admitted to probate, and that letters testamentary thereon be issued to him. At the time appointed for hearing said application, respondent appeared to contest said will, and filed written grounds of opposition to the probate thereof, to which appellant filed an answer, traversing the objections. Thereupon the contest came regularly on trial before the court and a jury of twelve men, who were duly sworn to try said cause.

An instrument which appellant offered to prove as the last will and testament of John McCalman was read in evidence. It is written on one side of one sheet of writing-paper of foolscap size, and is not signed at the foot or end in any manner, but said sheet of paper is torn at the lower end thereof, and that part usually occupied by the signature is torn away and not produced. That part which is torn away and…