Newman

Newman v. Roman Catholic Bishop

Good Law
1962 Cal. App. LEXIS 2044·206 Cal. App. 2d 460·23 Cal. Rptr. 685
Court of Appeal of CaliforniaAugust 3, 1962Civ. No. 112California4,137 words

Opinion

Lead Opinion

Brown, J.

Appellant is the sole surviving daughter of decedent, who died at the age of 72 years on October 23,1959. *464 The decedent executed a will on February 19, 1959, which was more than six months prior to his death, in which he left to the pastor of St. John’s Roman Catholic Church at Wasco, $25 for masses for his soul, $50 for masses for the decedent and his family, $25 for masses for the Henry Holtermann, Sr., family, $25 for masses for another family, and $25 for masses for all poor souls. He left all of his furniture and household goods to appellant, and one-half of the residue to The Roman Catholic Bishop of Monterey-Fresno, a corporation sole, and the other half of the residue to the St. John’s Council No. 2938 Knights of Columbus in Wasco, an unincorporated association.

After the petition for probate was filed on November 20, 1959, the appellant filed a contest to the will alleging that the decedent did not sign the instrument in the presence of the witnesses; that he did not acknowledge to said witnesses that the signature was his or that it was his last will and testament; that on the date the will was made the decedent was not competent to make a will, was of unsound mind…

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