Jackling v. Bernard

The proponent, Robert Jackling, appeals from an order denying his petition for probate of an alleged lost or destroyed will. At the outset it is important to note that the appeal was taken on the judgment roll and certain papers lodged in the office of the county clerk pursuant to rule 5(a) * of the California Rules of Court. There was no request for a reporter’s transcript, and there is no agreed statement of facts (Cal. Rules of Court, rule 6 † ), or settled statement of facts (Cal. Rules of Court, rule 7 ‡ ). The court’s opinion, which contains a lengthy purported summary of the evidence,…