Whitman

Bank of America v. Whitman

Good Law
152 Cal. App. 3d 813·1984 Cal. App. LEXIS 1709·200 Cal. Rptr. 319
Court of Appeal of CaliforniaMarch 6, 1984No. B001177California923 words

Opinion

Lead Opinion

Roth, J.

The decedent, Burl Richard Phifer, Jr., died on or about May 4, 1981. His body was discovered in a motel room in Oceanside, California and the cause of his death was attributed to suicide.

On or about May 3, 1981, the decedent made certain identical holographic additions, deletions and interlineations on several copies of his formal, witnessed will dated February 20, 1981, 1 which may be illustrated as follows:

The decedent also composed the following handwritten letter:

*816 On May 10, 1983, the trial court made its order admitting codicils to probate which provided in part that;

The appeal is from this order. (See Prob. Code, § 1240, subd. (c).)

At the pertinent times herein, 3 Probate Code section 53 provided that: “A holographic Will is one that is entirely written, dated and signed by the hand of the testator himself. It is subject to no other form, and need not be witnessed. No address, date or other matter written, printed or stamped upon the document, which is not incorporated in the provisions which are in the handwriting of the decedent, shall be considered as any part of the will.” (Italics added.)

*817 Stated simply, we are persuaded no more is…

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