In re Tyler's Estate

The only question presented here is as to which of certain two wills of decedent should be admitted to probate. Both are conceded to have been executed by the deceased in her lifetime. One is olographic, and is dated June 21, 1882. The other bears no date, but is witnessed, and was found by the court to have been executed in the summer of 1883, and was also found to have been the last will of the said Anna Tyler, and entitled to probate. It is not disputed by any of the contesting parties that the testatrix intended to give all her property to respondent. The sole contention is that the second will was not subscribed by the testatrix in the presence of the attesting witness or acknowledged by her to them to have been made by her; that she did not declare to them that it was her will; that she did not request the witness Berger (one of the attesting witnesses) to sign his name as a witness to the will—all of which requirements it is claimed are imperative to entitle the second will to probate: Citing Civ. Code, sec. 1276; In re Cartery's Estate, 56 Cal. 472 ; In re McCabe's Estate, 68 Cal. 519 , 9 Pac. 554 ; In re Walker's Estate, 110 Cal. 387 , 52 Am. St. Rep. 104 , 30 L. R. A.…