Estate of Zeile
Superior Court of California, County of San Francisco
Nathan M. Moran, for assignee of a legatee whose name was subscribed as a witness to an olographic will.
1Opinion of the CourtCoffey, J.
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.
*293The 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…
2Cases cited7 opinions
- In re Estate of SoherCalifornia Supreme Court · 1889
- Caw v. . RobertsonNew York Court of Appeals · 1851
- In re the Judicial Settlement of the Accounts of OwenAppellate Division of the Supreme Court of the State of New York · 1900
- Smith v. CrottySupreme Court of Georgia · 1901
- Cornwell v. WoolleyNew York Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.