Segall v. Zipkin

Contestant appeals from an order admitting to probate an instrument which the trial court found to be a valid holographic will. The appeal is presented upon a settled statement. Contestant is the sole surviving sister and proponents are a niece and two nephews of the decedent. The grounds of contest were : (1) lack of testamentary capacity; (2) lack of testamentary intent; (3) fraud; and (4) undue influence. The latter two grounds were abandoned at the trial.

It has been stipulated that the instrument in question is entirely in the handwriting of the decedent. As admitted to probate, it reads…