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)

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