Succession of Boyd

MILLER, Judge.

Dorothy Boyd died August 26, 1973, leaving an olographic will dated “2-8-72”. The universal legatee Charles E. Kerlin obtained an ex parte order probating the will. The trial court sustained the attack on the will brought by decedent’s surviving children T. C. Miller, Jr. and Alice Cleo Bradley for these written reasons:

The purported testament is olographic in form. At the top of the testament, Dorothy Boyd wrote “2-8-72”. Civil Code Article 1588 requires that an olographic testament, in order to be valid, must be entirely written, dated and signed by the hand of the testator.…