Howell

Howell v. O'Malley

Good Law
1958 Cal. LEXIS 150·50 Cal. 2d 211·324 P.2d 578
Supreme Court of CaliforniaApril 22, 1958L. A. No. 24604California963 words

Opinion

lead Opinion

McComb, J.

This is an appeal by Walter R. Howell from an order denying his petition for revocation of the probate of the will of Frances R. Howell, deceased.

Frances R. Howell died August 19, 1955, leaving the following document:

*212

*213

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This is the sole question presented for determination: Was the purported will executed in accordance with the requirements of section 50 of the Probate Code?

No. Section 50 of the Probate Code reads in part:

The purported will consists of three pages. The first page is a printed form entitled “Last Will and Testament.” Two testamentary provisions and the appointment of executors were typed on the form. On the same page, in the space provided on the form, appear the signature of the testatrix, “Mrs. Frances R. Howell,” and an attestation clause signed *215 by three witnesses. There are two other typewritten pages with the heading “Last Will and Testament—Prances E. Howell,” numbered “Page Two” and “Page Three.” Page two is filled with testamentary provisions numbered third to eleventh inclusive, and page three contains testamentary provision numbered twelfth consisting of five lines and ending within the top quarter of the page. At the bottom of…

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