Heirs of McMichael v. Bankston
Cases that cite this one
12 later published cases cite this decision.
- Thorn v. California Academy of Sciences (Cal. 1920)
- Jones v. Kyle (La. 1929)
- In re the Estate of Teubert (W. Va. 1982)
- Bell v. Timmins (Va. 1950)
- Jones v. Myers (Tenn. 1941)
- Maul v. Williams (Tex. Comm'n App. 1934)
- In re Yowell's Estate (Utah 1930)
- Yowell v. Ogden State Bank (Utah 1930)
- Noyes v. Gerard (Mont. 1909)
- Estate of Fay (Cal. 1904)
- Baker v. Brown (Miss. 1903)
- Estate of Fay (California Superior Court, San Francisco County 1902)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiffs, who are heirs of G-. P. McMichael, deceased, sue to annul the olographic will of their father on the ground that it was not wholly written by him.'
The four plaintiffs as witnesses state that the will was entirely written, dated and signed by the hand, of the testator, except the word “to” in the sixth line from the top, and the word “acres” in the eighth line, which are in a different hand. Another witness and two experts express the same opinion. The original will is before us, and it is evident that there is some difference in the appearance of those
Admitting, therefore, that the two words in question were added by the hand of another, we may safely, under the first clause of article 1589 R. C. C., consider them as not written, and not impair the validity or effect of the will.
We can not say that the law requires a will to be annulled for so unimportant and trivial cause.
This is not a case in which damages for a frivolous appeal are authorized.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.