Musser

Harry Stephenson died of a heart attack in 1961, leaving an estate of personal property, consisting mostly of securities, and a holographic document dated September 22, 1944, written on the flyleaf of a prayer book, reading :

The trial court found this document to be a will, but also found that the will only disposed of the book and possessions *328 which decedent had with him overseas in 1944 and that he had died intestate with respect to his remaining property— which included everything of substantial value in his estate. Alyce Smith, the sole beneficiary under the will, has appealed from this construction.

The trial court considered the document ambiguous, and therefore admitted extrinsic evidence in order to determine its intent and meaning. Stephenson had written the document while overseas with the armed forces at a time when he owned little property. Alyce Smith, although not related by blood to Stephenson, was the person closest to him in life. Prior to Stephenson’s entry into the Army in World War II he had lived with the Smiths for several years, and during this time they had supported him. Alyce Smith was named on his soldier’s identification tags and in his soldier’s…