California Court of Appeal

Judgment admitting the decedent's will to probate is reversed, where: 1) there was insufficient evidence of due execution under Probate Code section 6110, because evidence of the genuineness of the decedent's signature and of the signature of only one subscribing witness is not sufficient to establish the genuineness of another witness's signature, or to create a presumption or prima facie evidence of due execution; and 2) it was not established by clear and convincing evidence that the decedent intended the instrument to constitute his will at the time he signed it.

Appellate Information

• Decided 05/29/2013
• Published 05/29/2013

Judges

• MARGULIES

Court

• California Court of Appeal

Counsel