Estate of Zeile

A will properly executed in the olographic form is entitled to probate as such, even though witnessed, and even though the testator believed the attestation essential and intended the execution to be in the attested form: Estate of Fay, 1 Cof. Pro. Dec. 428, and note; Estate of Soher, 78 Cal. 477 , 21 Pac. 8 ; Estate of Dama, ante, p. 24.

*293 The will of Eugene Zeile was not attested in due form of law and was admitted to probate solely as an olographic will: (See Certificate of Proof of Will; Order Admitting Will to Probate.)

The record in this proceeding therefore shows that there were no subscribing witnesses to this will in the sense in which that term is used in Civil Code, 1282.

The term “subscribing witness,” as used in Civil Code, 1282, is synonymous with “attesting witness,” as used in Civil Code, 1276, and has no reference whatever to olographic wills.

The words “subscribing witness,” used exclusively in Civil Code, 1282, suggest that the legislature intends a broader operation to be given that section in contradistinction to the terms “attest” and “attesting witness” employed throughout Civil Code, 1276.

A glance at the history of the legislation, however, shows…