Estate of Parsons
California Court of Appeal
163 Cal. Rptr. 70 (1980)
Geneve Parsons's will was attested by Nielson (a $100 legatee), Gower (a real-property legatee and also an executor, defendant), and a notary public, and after the will was admitted to probate, Nielson filed a post-death disclaimer of her own bequest; Parsons's cousins (plaintiffs), who stood to inherit through intestacy, argued Gower's gift was void because California law voids a gift to an attesting witness absent two other disinterested witnesses, and Gower argued Nielson's disclaimer retroactively made her disinterested, satisfying that requirement.
Whether an attesting witness's disclaimer of interest in a will after the testator's death renders the witness disinterested for purposes of validating the will.