Legal Opinion

Howell v. O'Malley

California Supreme Court

Decided April 22, 1958No. L. A. No. 24604PublishedCited by 1 opinion

1Opinion of the CourtMcCOMB, J.

This is an appeal by Walter R. Howell from an order denying his petition for revocation of the probate of the will of Frances R. Howell, deceased.

Frances R. Howell died August 19, 1955, leaving the following document:

*212

*213

*214

This is the sole question presented for determination: Was the purported will executed in accordance with the requirements of section 50 of the Probate Code?

No. Section 50 of the Probate Code reads in part:

“Every will, other than a nuncupative will, must be in writing and every will, other than a holographic will and a nuncupative will, must be executed and attested as follows: “…

2Cases cited6 opinions

  1. In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
  2. In Re Estate of DwyerCalifornia Supreme Court · 1911
  3. Albright v. NorthCalifornia Supreme Court · 1905
  4. Estate of MooreCalifornia Court of Appeal · 1949
  5. Estate of ChaseCalifornia Court of Appeal · 1942

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Estate of HowellCalifornia Supreme Court · 1958

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