Clarke v. Ransom

Citations

• 50 Cal. 595

Syllabus

<p>Proof that an Instrument is Testamentary.—Parol testimony will be received for the purpose of showing whether an instrument propounded as a will, which is not upon its face testamentary in its character, is such; and if it appears from the surrounding circumstances that the instrument was intended to he testamentary, the Court will give effect to the intention, and in such case the particular form of the instrument is immaterial.</p> <p>Idem,—Under the foregoing rule, the following instrument held to he testamentary in its character and admitted to probate: “ Dear old Nance: I wish to give you my watch, two shawls, and also five thousand dollars. Tour old friend, E. A. Gordon.”</p> <p>Altering a Will.—It is not necessary that a second will, altering a former one, should state in terms that it is intended thereby to alter such former will.</p>