Tevis v. Pitcher

Citations

• 10 Cal. 465

Syllabus

<p>The several statutes of this State relating to wills, do not apply to wills executed previous to their passage. There is no provision for the probate of such wills, and they must rest for their validity upon the laws under which they were made.</p> <p>Under the Mexican law, as enforced in California, such a proceeding as the prohate of an open will was unknown. The will took effect as a conveyance upon the death of the testator. Itwasvalid, if made in the presence of three witnesses; and, by the custom which prevailed in California, and obtained the force of positive law, two witnesses were sufficient.</p> <p>Proof of such custom in force in California previous to the formation of the State government, is admissible.</p> <p>Where a will was attested by two witnesses, and made before a person who was a sindico : Held, the fact that such person signed the instrument as sindico did not the less render him a witness.</p> <p>In matters of evidence, as in the mode of remedy, the law of the forum governs.</p> <p>Where the testator and the witnesses to a will are dead, proof of the signatures of the witnesses and of the testator will bo sufficient evidence of its due execution.</p>