Bouch

Appellant Gene Ray Bouch appeals from the denial of probate of the holographic will of Frances B. Black, deceased, who died on September 6, 1977, a resident of Long Beach, California. A copy of the instrument, which purported to leave the bulk of her estate to appellant and his family, is attached as an appendix. [See post, page 909.] It may be seen from an examination that the instrument was handwritten on three pages of a partially preprinted stationer’s form. It is conceded by all parties that all of the handwriting, including the date and her name, is that of the testatrix. Probate was denied because of her incorporation of some of the printed language on the stationer’s form. Having found that none of the incorporated material is either material to the substance of the will or essential to its validity as a testamentary disposition, we conclude that the trial court erred in rejecting the holograph and reverse its order.

Facts

Testatrix used three copies of a stationer’s form, which form obviously was intended to be used for a one-page will. In appropriate blank spaces in the exordium clause at the top of each page, and in her own handwriting, testatrix inserted her…

I dissent.

In my view the trial court correctly determined that the instrument offered for probate in this case does not constitute a valid holographic will as the Legislature has defined that term in Probate Code section 53. 1 The court found that by filling in the blanks in three standard clauses printed on the face of this commercial will form—i.e., the exordium clause, the executor clause, and the testimonium clause—the decedent “incorporated” those clauses into her purported holograph within the meaning of section 53; “otherwise,” the court reasoned, “the handwritten insertions in those 3 printed paragraphs bear little relevance to the document.” Because of this incorporation the resulting instrument was not “entirely” written in the hand of the decedent herself, as required by the statute, and for this reason the court held it inadmissible to probate.

I

As will appear, the ruling of the court below is supported by the history and plain meaning of the words used in section 53, by every appellate decision in this state that has considered the question, and by the undisputed facts of the case at bar.

A

The majority opinion could easily leave an unwary reader with the…