Gower

This case requires us to determine whether a subscribing witness to a will who is named in the will as a beneficiary becomes “disinterested” within the meaning of Probate Code section 51 by filing a disclaimer of her interest after the testatrix’ death. While our own policy preferences tempt us to an affirmative answer, we feel constrained by existing law to hold that a disclaimer is ineffective for that purpose.

I

Geneve Parsons executed her will on May 3, 1976. Three persons signed the will as attesting witnesses: Evelyn Nielson, respondent Marie Gower, and Bob Warda, a notary public. Two of the witnesses, Nielson and Gower, were named in the will as beneficiaries. Nielson was given $100; Gower was given certain real property. Mrs. Parsons died on De *387 cember 13, 1976, and her will was admitted to probate on the petition of her executors, respondents Gower and Lenice Haymond. On September 12, 1977, Nielson filed a disclaimer of her $100 bequest. 1 Appellants then claimed an interest in the estate on the ground that the devise to Gower was invalid. 2 The trial court rejected their argument, which is now the sole contention on appeal.

Appellants base their claim on…