Legal Opinion

Estate of Price

California Court of Appeal

Decided November 7, 1910No. Civ. No. 724PublishedCited by 20 opinions

APPEAL from an order of the Superior Court of Tehama County denying a petition for the probate of a will. John P. Ellison, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHart, J.

This is an appeal from an order denying probate of an instrument purporting to be the last will and testament of Elizabeth Price, deceased, as holographic.

The appeal is by one Judd Allen Page, who is named in said purported will as the executor thereof, and who was the petitioner for the probate of the same.

The instrument was denied probate upon the ground that it was not “dated” by the deceased within the meaning of section 1277 of the Civil Code, defining a holographic will.

The instrument was written by and in the handwriting of the deceased, but the purported date of its execution reads:…

2Cases cited4 opinions

  1. Estate of FayCalifornia Supreme Court · 1904
  2. Succession of RobertsonSupreme Court of Louisiana · 1897
  3. Heffner v. HeffnerSupreme Court of Louisiana · 1896
  4. Fuentes v. GainesSupreme Court of Louisiana · 1873

3Cited by20 opinions

  1. Knight v. City of Los AngelesCalifornia Supreme Court · 1945
  2. Estate of MoodyCalifornia Court of Appeal · 1953
  3. In Re Estate of VanceCalifornia Supreme Court · 1916
  4. Estate of AnthonyCalifornia Court of Appeal · 1913
  5. Estate of CarpenterCalifornia Supreme Court · 1916

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