Costa v. Bank of America National Trust & Savings Ass'n

STONE, J. pro tem. *

This is an appeal from an order denying a petition for probate of a holographic will, for letters of administration with the will annexed, and to discharge executor, and from an order instructing payment of expert’s fee.

Respondent is the duly qualified executor of the last will and testament of Stef ano E. Costa, which was admitted to probate March 26, 1959. On August 5, 1959, appellant, the surviving widow of Costa, petitioned the court for probate of an alleged subsequent holographic will. It was written on the back of decedent’s citizenship papers and reads as follows:

“S…