Elkins v. Mulkins

HATHAWAY, Judge.

We must decide whether a document written by the decedent, Frank N. Mulkins, on a stationer’s will form is a valid holograph which can be admitted to probate under the laws of this state.1 The trial judge relying upon In re Bower’s Estate, 11 Cal.2d 180, 78 P.2d 1012 (1938) found the document was written by decedent but denied probate because it was written on a printed form. The instrument reads as follows (handwriting of decedent italicized) :

"NO BONDS REQUIRED.

LAST WILL AND TESTAMENT

/s/ Frank N. Mulkins

In the name of God, Amen. I, FRANK N. MULKINS, of the City of…