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IN RE ESTATE OF SAURESSIG

No. B167907.

19 Cal.Rptr.3d 262 (2004)

ESTATE OF Timothy Kirk SAURESSIG, Deceased. Scott Smith, Petitioner and Appellant, v. Shirley K. Goff, Objector and Respondent.

Court of Appeals of California, Second District, Division Four.

Review Granted December 15, 2004.

Attorney(s) appearing for the Case

Paul Buchberg, Los Angeles, for Petitioner and Appellant.

Hinojosa & Wallet, Lynard C. Hinojosa and Trudi Sabel, Los Angeles, for Objector and Respondent.

EPSTEIN, Acting P.J.

In this case we conclude that a person who otherwise satisfies the requirements of Probate Code section 61101 as a witness to the execution of a will may fulfill the signature requirement after the testator's death. Since the trial court concluded otherwise, we reverse.

FACTUAL AND PROCEDURAL SUMMARY

In December 1999, Timothy Kirk Sauressig went to Mail Boxes, Etc. in Van Nuys and asked proprietor...

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