In the Matter of the Estate of MARY MILLER PITCAIRN, Deceased. EDGAR R. BOYDEN et al., Respondents, v. CAROLINE PITCAIRN REIMANN et al., Appellants
6 Cal. 2d 730 ·
Supreme Court of California · Filed
Published · citable
Cited by 3
Holding
The court held that the presumption of due execution of a will arises from proof of the genuineness of the signatures of the testator and the subscribing witnesses, and that this presumption constitutes independent evidence which a trial court may weigh against—and find sufficient to overcome—the positive, adverse testimony of those same attesting witnesses, even in the absence of a formal attestation clause.
Cited by (3)
- Estate of HERBERT L. McKAGUE, Deceased. KENNETH L. McKAGUE et al., Contestants and Appellants, v. BERTHA HUNTER et al., Respondents (1962) 204 Cal. App. 2d 370
- Estate of TARUK JOSEPH BEN-ALI, Deceased. IVAN W. GOLDE, Petitioner and Respondent, v. WENDELYN EYVONNE WILBURN et al., Contestants and Appellants (2013) 216 Cal. App. 4th 1026
- Estate of ROBERT STARR BURDETTE, Deceased. GLORIA GRACE BURDETTE II, Petitioner and Respondent, v. WILLIAM L. BURDETTE et al., Contestants and Appellants (2000) 81 Cal. App. 4th 938