Estate of RUBY SARGAVAK, Deceased. J. G. OHANNESON et al., Respondents, v. ADRINE LAMBRINIDOU et al., Appellants; H. KURKJIAN et al., Contestants and Respondents
35 Cal. 2d 93 ·
Supreme Court of California · Filed
Published · citable
Cited by 6
Holding
The court held that extrinsic evidence, including the testator’s oral declarations, is admissible to prove whether an instrument was executed with testamentary intent, and that such evidence, even when uncontradicted, does not compel reversal of a trial court’s finding of testamentary intent if other evidence in the record supports that finding.
Statutes construed
- PROB § 105
- PROB § 53
Cited by (6)
- HELEN L. O'FARRELL, as Administratrix, et al., Plaintiffs and Appellants, v. AMERICAN TRUST COMPANY (a Corporation), Defendant and Appellant; ROBERT WALKER CRAIG et al., Respondents; MAUD AGNEW et al., Cross-Defendants and Appellants (1957) 149 Cal. App. 2d 691
- Estate of HOMER EUGENE WILLIAMS, Deceased. DEBORAH ANN COX, as Executor, etc., Petitioner and Respondent, v. ERIC WILLIAMS TOWLE, Objector and Appellant (2007) 155 Cal. App. 4th 197
- Estate of MARGARET HORWITZ MacLEOD, Deceased. DOROTHY DAVIS et al., Petitioners and Respondents, v. DAVID ALBERT HORWITZ, Contestant and Appellant (1988) 206 Cal. App. 3d 1235
- Estate of EUNICE L. McCARTY, Deceased; JULIUS LUOMA, Plaintiff and Respondent, v. THE FIRST CHURCH OF CHRIST, SCIENTIST, BOSTON, MASSACHUSETTS, Defendant and Appellant; LAWRENCE DOYLE et al., Proponents and Respondents (1962) 211 Cal. App. 2d 23
- Estate of ERNEST WOLFE, a Missing Person. DANIEL J. MONACO, Petitioner and Respondent, v. GERTRUDE PETERSON, Objector and Appellant (1968) 260 Cal. App. 2d 587
- Estate of BELVA C. P. SMITH, Deceased. CHARLES SMITH, Petitioner and Appellant, v. INDIA ROSE SMITH et al., Contestants and Respondents (1998) 61 Cal. App. 4th 259