Mitchell v. Donohue

Citations

• 100 Cal. 202
• 34 P. 614
• 1893 Cal. LEXIS 770

Syllabus

<p>Olographic Will—Construction—Probate. —A written document providing that “ this is to serifey that ie levet to mey wife Real and perenal and she to dispose for them as she wis” is properly construed as if it read: This is to certify that I leave to my wife my real and personal property, and she to dispose of them as she wishes, ” and as thus read, • shows a testamentary intent, and such document, if wholly written, . dated and signed by the testator, is entitled to probate as an olographic will.</p> <p>Id.—Informal Will—Testamentary Intent, How Shown.—A will may be informally drawn and may consist of one or more papers. No particular words are necessary to show a testamentary intent, it must appear only that the maker intended by it to dispose of property after his death.</p> <p>Id.—Parol Evidence of Circumstances—Supply of Obviously Omitted Words.—In the construction of a will parol evidence as to the attending circumstances is admissible; and obviously omitted words will always be supplied wherever the word omitted is apparent and no other word will supply the defect.</p> <p>Id. —Evidence—Previous Transfer—Jealous Fears of Wife—Appeal —Harmless Ruling.—In a contest over the probate of such olographic will where it appeared that the testator had, many years previously, transferred certain real and personal property to his wife, and the contestants sought to prove that the wife became intensely jealous of her husband a dozen years or so before his death, and feared that he had transferred or would transfer all of the property to others and leave her destitute, and expressed such fears to her husband, who assured her of the contrary, but could not satisfy her, for the purpose of showing that the instrument was not intended as a will, but merely as a certificate that the husband had “ left ” the property that he had previously transferred to his wife subject to her disposal, a ruling by the court admitting all of this offered evidence as to what had been said and d