## Facts

- E. L. Billings wrote a testamentary instrument on business letterhead that contained preprinted text, including “Sacramento, ________, 1880.”
- Billings handwritten “April 1st” in the blank so the date line read “Sacramento, April 1st, 1880,” with the year “1880” appearing only as printed matter.
- The dispositive provisions and the signature were entirely in Billings’s handwriting.
- After Billings died, the instrument was offered for probate as an olographic will.
- The probate court refused probate, ruling the instrument was not “dated” as required because the year was not written by Billings.

## Issues

1. Whether an instrument qualifies as an olographic will when the month and day are handwritten but the year is supplied only by preprinted letterhead.
2. Whether “April 1st” alone constitutes a sufficient statutory “date” for an olographic will.

## Decision

- The California Supreme Court affirmed the order denying probate.
- The court held the instrument was not a valid olographic will because the required date was not entirely written by the testator.
- The printed “1880” could not be treated as part of the statutory date, leaving only “April 1st,” which was incomplete.

## Legal Principles

- An olographic will is valid only if it is entirely written, dated, and signed by the testator’s hand, and each requirement must be satisfied.
- The statutory “date” requires a complete designation of day, month, and year; an incomplete date is insufficient even if testamentary intent is clear.
- Preprinted matter cannot supply an essential element of statutory execution formalities; it may be disregarded only if it is nonmaterial surplusage.
- Courts apply strict compliance to statutory requirements for olographic wills and will not cure defects by relying on printed text.

## Conclusion

Because the year appeared only in print and the remaining handwritten date lacked a year, the instrument failed the statutory dating requirement for an olographic will, and probate was properly denied.


Estate of Billings, 64 Cal. 427 (Cal. 1884)