ESTATE OF EUGENE

No. B156049.

128 Cal.Rptr.2d 622 (2002)

104 Cal.App.4th 907

ESTATE OF Cleopatra EUGENE, Deceased. Mae Alexander, as Executor, etc., Petitioner and Respondent, v. Union Rescue Mission, Claimant and Appellant.

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

December 23, 2002.


Attorney(s) appearing for the Case

Freeman, Freeman & Smiley, Stephen M. Lowe and Todd M. Lander for Claimant and Appellant.

No appearance for Petitioner and Respondent.


MIRIAM A. VOGEL, J.

In 1983, the Legislature eliminated the requirement that witnesses to the execution of a will had to sign the will in the testator's presence. The question in this case is whether the Legislature nevertheless meant to prohibit a postdeath attestation necessitated by a witness's concededly inadvertent failure to sign a will at the time it was executed. We conclude that, had the Legislature intended a temporal limit, it would have said so and that...

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