Legal Opinion

Lundblade v. Avery

California Court of Appeal

Decided October 7, 1959No. Civ. 9696PublishedCited by 8 opinions

1Opinion of the Court

WARNE, J. pro tem. *

This is an appeal from an order denying probate of a testamentary instrument purporting to be the holographic last will and testament of Amelia E. Carson, deceased.

The instrument was denied probate upon the ground that it is “not dated” by the deceased within the meaning of section 53 of the Probate Code defining a holographic will.

The instrument was written by and entirely in the handwriting of the deceased but the date of its execution reads: “May 1948.” Thus the day of the month is omitted. The only question for solution is whether “May 1948” consti tutes a date within…

2Cases cited14 opinions

  1. Estate of ChevallierCalifornia Supreme Court · 1911
  2. Estate of AkeleyCalifornia Supreme Court · 1950
  3. Thorn v. California Academy of SciencesCalifornia Supreme Court · 1920
  4. Estate of FayCalifornia Supreme Court · 1904
  5. In re Estate of BillingsCalifornia Supreme Court · 1884

9 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In Re Baby Girl M.California Supreme Court · 1984
  2. Estate of HazelwoodCalifornia Court of Appeal · 1967
  3. Bonenfant v. TaberyCalifornia Court of Appeal · 1980
  4. In Re Estate of WellsNebraska Supreme Court · 1993
  5. Jacobson v. KristovichCalifornia Court of Appeal · 1967

3 more not listed; retrieve them via the Exa API.

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