Cox

Cox v. Towle

Good Law
155 Cal. App. 4th 197
Court of Appeal of CaliforniaAugust 24, 2007No. H030830California7,420 words

Opinion

lead Opinion

Bamattremanoukian, J.

*201 Opinion

In this probate case, Eric Williams Towle, the biological son of the decedent, Homer Eugene Williams, appeals from orders admitting to probate a holographic will offered by the decedent’s stepdaughter, Deborah Ann Cox, and appointing Cox executor. Appellant’s principal argument is that the document is not a valid holographic will under Probate Code section 6111 1 because it is not signed by the decedent. Appellant also argues that the document is not a valid will because it does not completely dispose of the decedent’s assets and because it lacks language demonstrating testamentary intent. Our review of the law regarding holographic wills and the evidence in this case supports the trial court’s finding that the document admitted to probate is a valid holographic will. We therefore affirm the orders.

BACKGROUND

Procedural History

Homer Eugene Williams died on December 7, 2005. On February 21, 2006, his son, Eric Williams Towle (Towle), filed a petition to administer his father’s estate, alleging that his father had died intestate. The petition was granted on March 22, 2006.

On May 10, 2006, the decedent’s stepdaughter, Deborah Ann Cox (Cox), filed a petition for…

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