Smith v. Crotty

This case as here presented turns upon the question whether or not a legacy given by a nuncupative will is void when the legatee is one of the essential witnesses by whose oaths the making of such will must be proved in conformity to the *906requirements of section 3349 of the Civil Code. Where'a-nuncupative will embraces nothing except a bequest of the testator’s entire estate to a single person, it would, of course, result that if the legacy be void, the will itself should be regarded as a nullity, and therefore not entitled to probate.

The determination of the question stated depends upon…