Legal Opinion
Estate of Martin
California Supreme Court
Decided July 1, 1881No. 7,336PublishedCited by 17 opinions
Appeal refusing to admit a will to probate in the Superior Court of the City and County of San Francisco. Finn, J.
1Opinion of the Court
The Court:
A paper was presented for probate as the last will and testament of the deceased, as olographic. It was written and signed by the hand of deceased, but bore no date, and was not witnessed. Probate was refused by the Court below.
The statute upon the subject is as follows (Civ. Code, § 1277):
“ An olographic will is one that is entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form.”
It is claimed that the dating of a will is a mere formal matter, not absolutely necessary. We do not think so. The Legislature has seen fit to require three…
2Cited by17 opinions
- Thorn v. California Academy of SciencesCalifornia Supreme Court · 1920
- In re Estate of BillingsCalifornia Supreme Court · 1884
- In Re Irvine's EstateMontana Supreme Court · 1943
- Estate of MoodyCalifornia Court of Appeal · 1953
- Noyes v. GerardMontana Supreme Court · 1909
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