Garibaldi v. Garibaldi

A document offered as the holographic will of the decedent, Theresa Garibaldi, was denied probate on *110the ground that it was procured by undue influence. The three proponents (Leona, Joseph, and Leo) and the five contestants (Elvira, Edith, Henry, Clarence, and Raymond) are the surviving children and sole heirs at law of decedent.

Decedent died in October 1956 at the age of 87. The holographic document, which was written in Italian less than four months before her death, was translated as follows:

“June 16, 1956

“I declare that I, Leona, Joe and Leo are partners in the properties and in the…