Auer

Three holographic documents were admitted to probate as wills of decedent. Contestants attack the order only as to the third document.

The two earlier writings, both dated in 1954, contain the preliminary statements so often thought by laymen to be appropriate to wills, and clearly are testamentary instruments. These wills left decedent’s home in Tamalpais Valley to contestant Dunleavy, his niece; $700 to respondent, Mrs. Auer; and the remaining personal property in equal shares to his five nieces and nephews, one of whom joined Mrs. Dunleavy in this contest. Mrs. Auer was named executrix in each.

The third document is dated April 27, 1961, and reads “This is to certify that I give Joseph Auer and Mrs. Regina Auer Lots 10-11 and 12 House and all Improvements. Block 7 Little City Farms Tamalpais Valley Marin County California, with the understanding that I live here”. Mr. Kane died May 24,1963.

Appellants contend that no testamentary intent is shown, and that the document therefore cannot be admitted to probate.

Although extrinsic evidence was admitted, it was uncontradicted, and thus we must independently determine whether the third holograph was executed with testamentary…