Southworth

Southworth v. North Shore Animal League

Good Law
1996 Cal. App. LEXIS 1149·51 Cal. App. 4th 564·59 Cal. Rptr. 2d 272·96 Daily Journal DAR 14797·96 Cal. Daily Op. Serv. 8934
Court of Appeal of CaliforniaDecember 10, 1996No. B097946California2,870 words

Opinion

Lead Opinion

Gilbert, J.

*566 Opinion

A charitable donor card contains printed language showing an intent to make a future gift to the charity. In the blank space following the printed words a testator writes that her entire estate is to be left to the charity. She signs and dates the donor card. Does her handwriting on the donor card constitute a holographic will? No.

The trial court admitted a donor card into probate as a holographic will. Half siblings, Jeanette Southworth, Jack Southworth, and an heir finder, Francis V. See, appeal from the judgment of the trial court in favor of respondent, North Shore Animal League (NSAL).

According to Probate Code section 6111, the material provisions of a holographic will must be in the handwriting of the testator, and the required testamentary intent may be set forth either in a holographic will or as part of a commercially printed form will. Because the handwriting here incorporates printed material on a donor card stating the future intention of Dorothy Southworth, the deceased, we reverse the judgment.

Facts

Decedent never married and had no children. On March 4, 1986, in response to decedent’s request for information, NSAL sent a letter to her describing…

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