Luoma

This is an appeal from a judgment admitting to probate a formal will and denying probate of a holographic codicil. Appellant, The First Church of Christ, Scientist, in Boston, Massachusetts, is the residual legatee named in the codicil to the will of Eunice L. McCarty. Respondent Julius Luoma, the testatrix’ brother, is devised $10,000 under the will, but only $1.00 under the codicil.

The testatrix, Eunice McCarty, died in Alameda County on August 9, 1960. The Bank of America National Trust and Savings Association, named as executor of the will, duly filed a petition for probate of will and codicil and for issuance of letters testamentary. Respondent Luoma opposed *25 probate of the codicil on the ground that it was not executed in the form required by law. Appellant The First Church of Christ, Scientist, answered, denying that the codicil was invalid and praying that it be admitted to probate.

The undisputed facts disclose that the will and codicil were found in a single envelope on the decedent’s closet shelf shortly after her death. On the face of the envelope was written “Eunice L. McCarty Last Will.” The will is a typewritten, witnessed document bearing the date April 16,…