Estate of TARUK JOSEPH BEN-ALI, Deceased. IVAN W. GOLDE, Petitioner and Respondent, v. WENDELYN EYVONNE WILBURN et al., Contestants and Appellants
216 Cal. App. 4th 1026 · A132979
California Court of Appeal, First Appellate District · Filed
Published · citable
Cites 3
Holding
The court held that a complete attestation clause on a will cannot, by itself, create a presumption that the signature of an unavailable and unknown witness is genuine, and that the proponents of the will failed to meet their burden of proving due execution under Probate Code section 6110, subdivision (c)(1) because they could not produce the second witness or any other evidence to validate that signature.
Statutes construed
- EVID § 1411
- EVID § 1413
- EVID § 600
- PROB § 50
- PROB § 6110
- PROB § 84
Authorities cited (3)
- 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
- 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
- Estate of JULIANA MATILDA FLETCHER, Deceased. MARGARET J. LOFTUS et al., Appellants, v. MONTEZ IONE OAKES, Respondent 50 Cal.2d 317