Estate Of Parsons

103 Cal. App. 3d 384, 163 Rptr. 70 (1980)

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Nature of the Case

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Facts

Testatrix's will was witnessed by three persons: Nielson, Gower (D), and a notary. In the will, Nielson received a devise of $100, and Gower received certain real property. After testatrix's death, Nielson disclaimed her gift. Testatrix's heirs (P) contested the devise to D, claiming that a gift to a subscribing witness to a will is invalid unless the will is witnessed by two other, disinterested witnesses. The trial court rejected the argument, and P appealed.