Welch v. Hereford

Citations

• 70 Cal. 140
• 11 P. 587
• 1886 Cal. LEXIS 745

Syllabus

<p>Estate of Decedent—Probate of Will—Petition—Essential Averments. — Under section 1300 of the Code of Civil Procedure, it is not essential that the petition for the probate of a will should state whether it is an olographic or other species of will, nor does any defect of form or in the statement of the jurisdictional facts actually existing invalidate the prohate.</p> <p>Id.—Contest on Probate—Findings — Olographic) Will.—Where the probate of a will is contested, and the court by whom the contest is tried finds against the contestants on all the issues raised by them, a further finding that the will is valid as an olographic will, although not necessary to sustain the judgment admitting it to probate as such, is not erroneons, notwithstanding no issue as to its validity as an olographic will was raised by the contest.</p> <p>Id.—Olographic Will—Execution before Adoption of Civil Code — Validity of. — An olographic will is not invalid because made and executed prior to the time section 1277 of the Civil Code became operative, if the testator did not die until after the section took effect.</p> <p>Practice—Deposition — Evidence of Non-residenoe of Witness — Waiver. —Error in admitting depositions in evidence, without preliminary proof that the witnesses resided out of the county where the cause was being tried, is waived, if the party against whom the depositions were offered dispensed with the formal proof of such fact on the trial, and accepted the verbal statement of the opposing counsel as to their non-residence.</p>