Representative Cases

An appeal stemming from an order submitting to probate a holographic instrument found by the trial court to be decedent’s will. The will was contested by decedent’s stepson on the basis (1) it was not signed with the intent to authenticate the document as a will, (2) it was executed without testamentary intent and (3) it was not dated as required by the law applicable to the document. The trial court rejected these claims and admitted the will to probate. The appellate court found that an instrument did not lack testamentary intent even though it might not have reflected the testatrix’s usual character and habit of exercising care with important legal documents, and though the instrument was changed from time to time, possibly even with the future intent of formalizing the will.

Case wherein creditors attempted to reach the property of a deceased spouse to satisfy a debt that had been incurred by the surviving spouse during the marriage. Issues included whether upon the death of one spouse, assumed liability for debt under the community property law continues, and whether, if such liability attaches to a deceased spouse's estate, the Legislature limited the time in which such liability may be asserted.