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16 Va. L. Rev. 571 (1929-1930)
Incorporation, by Reference, of an Extrinsic Document into a Holographic Will

handle is hein.journals/valr16 and id is 595 raw text is: HOLOGRAPHIC WILLS-EXTRINSIC DOCUMENTS 571 INCORPORATION, BY REFERENCE, OF AN EXTRIN- SIC DOCUMENT INTO A HOLOGRAPHIC WILL. A HOLOGRAPHIC will is one wholly written by the testator in his own hand, and essentially dependent for the validity of its execution upon that fact. The right to make such a will is statutory,' as is, indeed, the right to make any will. While the basic principle of all such statutes would seem to be the same- viz, that the handwriting of the testator authenticates the docu- ment, and provides those safeguards against fraud and imposi- tion which, in the case of an attested will, are provided by signature and witnesses-yet, they differ in other particulars.2 ' PAoE, WILLS (2d ed. 1926) § 363 et seq; 1 ALEXANDER, WILLS (1917) § 463. Such wills are permissible in Arizona, Arkansas, California, Ken- tucky, Louisiana, Mississippi, Montana, North Carolina, North Dakota, Tennessee, Texas, Virginia, and West Virginia. 1 WOeRNER, AMEaICAN LAW Op ADMINISrRAIrON (3d ed. 1923) § 43. To these may be added Utah, In re Wolcott's Estate, 54 Utah 165, 180 Pac. 169 (1919) ; and perhaps other states. ' In Montana and in California, the date must appear and every figure thereof must be in the testator's handwriting. The fact that the testator has, in his own handwriting, filled in the final figure to the printed date on a letterhead destroys the document as a holograph. In re Noyes' Estate, 40 Mont. 190, 105 Pac. 1017 (1910); In re Plumel's Estate, 151 Calif. 77, 90 Pac. 192 (1907). For further statement of the latter case, see infra note 29. In Kentucky, such a will must be signed at its conclusion, as in the case of an ordinary will. Jones v. Jones, 3 Metcalf 266 (Ky. 1860). In Tennessee no date is necessary; nor is the testator required to sign at the end, it being sufficient if his name appears in the body of the instrument. But the hand- writing must be generally known among his acquaintances, must be estab- lished by the proof of at least three credible witnesses, and the document itself must be found among the testator's valuable papers after his death, or lodged with another for safe keeping. Tenn. Ann. Code (Shannon, 1917) § 3896. The statute of North Carolina is similar. N. C. Cons. Stat. (1919) § 4131. The essential feature, however, in every jurisdiction is that the document must be wholly written by the testator in his own hand. A will written wholly by decedent on his typewriter is not sufficient. In re Dreyfus' Estate, 175 Calif. 417, 165 Pac. 941 (1917). Filling out blanks in a printed form is not sufficient. In re Wolcott's Estate, supra note 1. Nor can a rubber stamp be used to fill in a description of property. In re Thorn's Estate, 183 Calif. 512, 192 Pac. 19 (1920).

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