Vroom

This appeal is from an order of the superior court denying a petition for the probate of a document alleged to he the last will and testament of Harry C. Janes. The decedent died on December 9, 1938, in the county of Los *514 Angeles at the age of 66 years. After his death appellant, a chiropractor who had been attending him professionally for several years, found the purported will in a suitcase belonging to him. The instrument on its face is a valid holographic will. Attached to the instrument, however, is a slip of paper, unsigned and undated, on which appears in decedent’s handwriting: “This is a copy of my last Will, the original is in my safe deposit box.” No other will was found in decedent’s safe deposit box or among his effects.

The will offered for. probate is dated November 1, 1938, and contains a bequest of $5000 and two automobiles to the appellant. The residue of the estate is left to Dorothy Lee Janes Curtiss, the decedent’s daughter, who is named executrix. There is evidence that the night before decedent died he told appellant that he was leaving her $5000 and his two cars, and that he insisted that appellant go to his apartment for a suitcase containing the…