Monaco

—The question presented by this appeal is whether a handwritten letter is admissible to probate as its author’s holographic will. The letter, which is in a barely legible scrawl, reads as follows (strikeouts by the author shown, within brackets) :

Postmarks and hand-stamped legends on the envelope indicate thát it was mailed to its Texas addressee by registered mail on July 29,1927.

Respondent offered the letter for probate as the will of Ernest Wolfe, “a missing person,” asserting that Herman Wolfe is Ernest’s devisee under the will. Respondent acted— and still acts—on behalf of an adult child of Herman, who is now deceased. Appellant, one of several collateral heirs of Ernest, appeared below in opposition to the petition for probate. Her opposition was based upon the contentions, among others, that the letter was not a will because it did not reflect testamentary intent on Ernest’s part and that it failed to meet the formal requirements of a holographic will. (Prob. Code, § 53.)

The appeal is from the probate court’s order admitting the letter (with the envelope) to probate as Ernest’s will. Appellant does not challenge the court’s finding that the instrument was, in form, a…