Garibaldi

Garibaldi v. Garibaldi

Good Law
17 Cal. Rptr. 623·1961 Cal. LEXIS 186·57 Cal. 2d 108·367 P.2d 39
Supreme Court of CaliforniaDecember 22, 1961Sac. No. 7106California2,084 words

Opinion

lead Opinion

Gibson, J.

A document offered as the holographic will of the decedent, Theresa Garibaldi, was denied probate on *110 the ground that it was procured by undue influence. The three proponents (Leona, Joseph, and Leo) and the five contestants (Elvira, Edith, Henry, Clarence, and Raymond) are the surviving children and sole heirs at law of decedent.

Decedent died in October 1956 at the age of 87. The holographic document, which was written in Italian less than four months before her death, was translated as follows:

Decedent’s husband died in 1939 leaving her three parcels of real property referred to as the home ranch, the river ranch, and the mountain ranch. Her net worth at that time was approximately $46,800. The ranches, which were enlarged by purchases, greatly appreciated in value and were worth about $700,000 at the time of her death. She lived at the home ranch with the proponents, who were not married. The contestants had been raised on the home ranch but upon marriage each had moved away, apparently prior to 1939. They often visited and helped decedent, and some of them took care of her at times. She was fond of all her children and grandchildren, and on several occasions, including…

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