ESTATE OF GARIBALDI

Docket No. Sac. 7106.

57 Cal.2d 108 (1961)

367 P.2d 39

17 Cal. Rptr. 623

Estate of THERESA GARIBALDI, Deceased. JOSEPH GARIBALDI et al., Petitioners and Appellants, v. HENRY GARIBALDI et al., Contestants and Respondents.

Supreme Court of California. In Bank.

December 22, 1961.


Attorney(s) appearing for the Case

Wilke, Fleury & Sapunor, Richard H. Hoffelt and Howard A. Potts for Petitioners and Appellants.

Mazzera, Snyder & DeMartini and J. Calvert Snyder for Contestants and Respondents.


GIBSON, C.J.

A document offered as the holographic will of the decedent, Theresa Garibaldi, was denied probate on the ground that it was procured by undue influence. The three proponents (Leona, Joseph, and Leo) and the five contestants (Elvira, Edith, Henry, Clarence, and Raymond) are the surviving children and sole heirs at law of decedent.

Decedent died in October 1956 at the age of 87. The holographic document...

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