Estate of ROBERT STARR BURDETTE, Deceased. GLORIA GRACE BURDETTE II, Petitioner and Respondent, v. WILLIAM L. BURDETTE et al., Contestants and Appellants
81 Cal. App. 4th 938 · B120032
California Court of Appeal, Second Appellate District · Filed
Holding
The court held that a will contest proceeding qualifies as a "subsequent proceeding concerning the will" under Probate Code section 8224, making admissible the sworn written statement of an unavailable subscribing witness, and that the testimony of both subscribing witnesses is not invariably required to prove due execution where one witness provides credible direct evidence and statutory presumptions apply.
Statutes construed
- EVID § 240
- PROB § 6110
- PROB § 8224
Cited by (1)
Authorities cited (3)
- Estate of JULIANA MATILDA FLETCHER, Deceased. MARGARET J. LOFTUS et al., Appellants, v. MONTEZ IONE OAKES, Respondent 50 Cal.2d 317
- Estate of EMANUEL M. BROWNE, Deceased. HUGO C. BRUNI, Appellant, v. MARY M. RISDON et al., Respondents 159 Cal.App.2d 99
- 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