WILLS-PUBLICATION OF WILL AND ACKNOWLEDGMENT OF SIGNATURE

Testatrix telephoned two friends, asking them to come to her home and witness her will. When they arrived, the document was lying on a table in testatrix' presence, and she declared, "Here is the pen, sign it." Both witnesses were positive testatrix did not sign in their presence. The evidence, while not conclusive, also tended to show that neither witness saw the signature, testatrix having signed on page seven while the document was opened to the attestation clause on page eight. The superior court admitted the will to probate over appellant's objection that testatrix had failed to meet the statutory requirements for execution.

On appeal, held, affirmed. In re Gray's Estate, (Cal. 1948) 201 P. (2d) 392.