Finley

Finley v. Young

Good Law
1965 Cal. App. LEXIS 1323·237 Cal. App. 2d 818·47 Cal. Rptr. 220
Court of Appeal of CaliforniaNovember 1, 1965Civ. No. 7844California3,447 words

Opinion

Lead Opinion

Whelan, J.

The proponents of a holograph offered as the last will of Augusta Callahan have appealed from an order revoking probate which had earlier been granted. The order appealed from was a minute order of July 20, 1964, which recited that the instrument proposed as the last will and testament of Augusta Callahan is found not to be the last will and testament of said deceased and that probate of said will is revoked.

The proposed will is made up of three pieces or strips of paper, each approximately 8^ inches in width, fixed together by transparent adhesive tape.

The upper part (sheet “A”), measuring 5 inches from top to bottom, bears a date July 7, 1950, and thereafter opens with the words: “I Augusta C. Callahan hereby declare this to be my last will and testament.' ’ It contains certain specific bequests and a provision for payment of inheritance and estate taxes and ends with this incompleted sentence: “I give, devise and bequeath all of the rest, residue and remainder of my property, whatsoever and wheresoever situated.” Sheet “A” had been cut from a larger sheet of which it had been a part; its lower edge was joined by a strip of tape to the upper edge of a second piece of paper…

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