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In re Tracy’s Estate
California Court of Appeal
182 P.2d 336 (1947)
Facts
Nell Tracy created a will. A few months later, while bedridden with cancer, Tracy decided to revoke that will. Tracy signed a document revoking the will with her nurse and a neighbor watching her. However, because there was not much room in Tracy’s bedroom, the nurse and the neighbor went to an adjoining room to sign that they had witnessed the document. Although Tracy could see into that room and could hear the nurse and the neighbor, she could not see them actually signing the revocation document. Tracy’s neighbor then returned to Tracy’s bedroom, and Tracy made statements confirming that she understood that she had just revoked her will. After Tracy died, the document revoking the will was challenged. The challenger (plaintiff) claimed that the revocation was invalid because Tracy could not see the witnesses’ actual act of signing the revocation. The trial court found that the revocation was valid, and the case was appealed.
Rule of Law
Issue
Holding and Reasoning (McComb, J.)
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