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E-FILED
TARRANT COUNTY, TEXAS
7/29/2020 11:03 AM
Mary Louise Nicholson
COUNTY CLERK
BY: Cindy Keener
NO. 2020-PR01531-1
ESTATE OF IN PROBATE COURT
FRANK R. TERLIP, NUMBER ONE OF
DECEASED TARRANT COUNTY, TEXAS
MOTION TO TAKE JUDICIAL NOTICE OF FOREIGN LAW
REGARDING EXECUTION OF WILL.
TO THE HONORABLE JUDGE OF SAID COURT:
CAROL A. TERLIP (“Applicant”) moves the Court to take judicial notice of the law of the
State of California regarding the execution of the Will that is on file in this proceeding so that
additional proof shall not be required of its execution with the formalities and solemnities and under
the circumstances required to make it a valid will, and would respectfully show the Court as follows:
1 Applicant is the applicant named in that certain Amended Application for Probate of
Will as a Muniment of Title (“Amended Application”) on file in this proceeding, by which Applicant
is seeking to have the written Last Will and Testament of Frank R. Terlip dated August 26, 1983
(herein, the “Will”) admitted to probate as a Muniment of Title following the death of Frank R. Terlip
(“Decedent”) on January 18, 2020.
2 Applicant requests that the Court take judicial notice of the following provisions of
California law as in effect at the time of Decedent’s death:
a. California Probate Code Section 6110, a true and correct copy of which is
attached to this Motion as Exhibit A-1 and incorporated herein by reference;
MOTION TO TAKE JUDICIAL NOTICE OF
FOREIGN LAW REGARDING EXECUTION OF WILL
ESTATE OF FRANK R. TERLIP, DECEASED; CAUSE NO. 2020-PR01531-1 PAGE}
California Probate Code Section 8220, a true and correct copy of which is
attached to this Motion as Exhibit A-2 and incorporated herein by reference;
and
California Code of Civil Procedure Section 2015.5, a true and correct copy of
which is attached to this Motion as Exhibit A-3 and incorporated herein by
reference.
3 Texas Estates Code Section 256.152(b), a true and correct copy of which is attached
hereto as Exhibit A-4 and incorporated herein by reference, provides in pertinent part that a will may
be admitted to probate in Texas without additional proof regarding its execution in accordance with
the formalities and solemnities and under the circumstances required to make it a valid will if the will
“... is self-proved in accordance with the law of another state or foreign country where the testator
was domiciled or had a place of residence, as that law existed at the time of the will’s execution or
the time of the testator’s death...”
4 Applicant is the surviving spouse of Decedent and was married to Decedent at the
time the Will was executed. When the Will was executed, Applicant and Decedent were domiciled
and residing in Ventura County, California.
5 California Probate Code Section 6110 sets forth the requirements for the valid
execution of a will in California. The signature and attestation clauses in the Will meet the
requirements of California Probate Code Section 6110 for the Will to be considered to have been
validly executed under the laws of the State of California.
6 California Probate Code Section 8220(b) provides that if there is no contest of a will,
“Je]vidence of execution of a will may be received by an affidavit of a subscribing witness to which
there is attached a photographic copy of the will, or by an affidavit in the original will that includes
or incorporates the attestation clause.”
7 California Code of Civil Procedure Section 2015.5 provides that a declaration under
penalty of perjury substantially in the form set forth in that section has the same force and effect as
MOTION 70 TAKE JUDICIAL NOTICE OF
FOREIGN LAW REGARDING EXECUTION OF WILL,
ESTATE OF FRANK R. TERLIP, DECEASED; CAUSE NO. 2020-PRO1531-1 PAGE 2
an affidavit. The provisions of the attestation clause in the Will meet the requirements of a valid
declaration under penalty of perjury set forth in that section and therefore have the same force and
effect as an affidavit in the Will. Accordingly, the attestation clause provides the necessary evidence
of execution of the Will under California Probate Code Section 8220(b).
8 No contest of the Will has been filed in this proceeding.
9 By virtue of the provisions herein cited, Decedent’s Will meets the requirements to be
considered a self-proved Will under the laws of the State of California in existence at the time of
Decedent’s death and, therefore, no additional proof should be required of its execution with the
formalities and solemnities and under the circumstances required to make it a valid will.
WHEREFORE, Applicant prays that the Court take judicial notice of the provisions of
California law herein cited, that the Court determine that no additional proof is required of the Will’s
execution with the formalities and solemnities and under the circumstances required to make it a valid
will, and that all orders be entered as the Court may deem proper.
Respectfully submitted,
CAROL A. TERLIP
Applicant
By: /S/ Charles D. Powell
Charles D. Powell
State Bar No. 16194650
Adair, Morris & Osborn, P.C.
325 North St. Paul Street, Suite 4100
Dallas, Texas 75201
(214) 748-8000
(214) 761-0658 (fax)
edpowell@amolaw.com
Attorneys for Applicant
‘wjipitertip\filingsimotion 2
MOTION TO TAKE JUDICIAL NOTICE OF
FOREIGN LAW REGARDING EXECUTION OF WILL
ESTATE OF FRANK R. TERLIP, DECEASED; CAUSE NO. 2020-PRO1531-1 PAGES
EXHIBIT A-1
California Probate Code Section 6110
(attached to this cover page)
MOTION TO TAKE JUDICIAL NOT! OF
FOREIGN LAW REGARDING EXECU |ON OF WILL
ESTATE OF FRANK R. TERLIP, DECEASED; CAUSE NO. 2020-PR01531-1 EXHIBIT A-1
7114/2020 Codes Display Text
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PROBATE CODE - PROB
DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. )
PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79.)
CHAPTER 2. Execution of Wills [6110 - 6113] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )
ab 6110. (a) Except as provided in this part, a will shall be in writing and satisfy the requirements of this section
(b) The will shall be signed by one of the following
(1) By the testator.
(2) In the testator’s name by some other person in the testator’s presence and by the testator’s direction.
(3) By a conservator pursuant to a court order to make a will under Section 2580.
(c) (1) Except as provided in paragraph (2), the will shall be witnessed by being signed, during the testator’s
lifetime, by at least two persons each of whom (A) being present at the same time, witnessed either the signing of
the will or the testator’s acknowledgment of the signature or of the will and (B) understand that the instrument
they sign is the testator’s will
(2) If a will was not executed in compliance with paragraph (1), the will shall be treated as if it was executed in
compliance with that paragraph if the proponent of the will establishes by clear and convincing evidence that, at the
time the testator signed the will, the testator intended the will to constitute the testator’s will
(Amended by Stats. 2008, Ch. 53, Sec. 1. Effective January 1, 2009.)
S111. (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if
the signature and the material provisions are in the handwriting of the testator.
(b) If a holographic will does not contain a statement as to the date of its execution and
(1) If the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are
‘ontrolling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is
established to be after the date of execution of the other wil
(2) If it is established that the testator lacked testamentary capacity at any time during which the will might have
been executed, the will is invalid unless it is established that it was executed at a time when the testator had
testamentary capacity.
(c) Any statement of testamentary intent contained in a holographic will may be set forth either in the testator’s
own handwriting or as part of a commercially printed form will
(Amended by Stats. 1990, Ch, 710, Sec. 13. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
8111.5. Extrinsic evidence is admissible to determine whether a document constitutes a will pursuant to Section
6110 or 6111, or to determine the meaning of a will or a portion of a will if the meaning is unclear.
(Added by Stats. 1990, Ch. 710, Sec. 14. Operative July1, 1991, by Sec. 48 of Ch. 710.)
8112. (a) Any person generally competent to be a witness may act as a witness to a will
(b) A will or any provision thereof is not invalid because the will is signed by an interested witness.
(c) Unless there are at least two other subscribing witnesses to the will who are disinterested witnesses, the fact
that the will makes a devise to a subscribing witness creates a presumption that the witness procured the devise by
duress, menace, fraud, or undue influence. This presumption is a presumption affecting the burden of proof. This
https://leginfo. legislature.ca.govifaces/codes_displayText xhtmI?lawCode=PROB&division=6.atitle=&part=1.&chapter=2.8article= 12
EXHIBIT A-2
California Probate Code Section 8220
(attached to this cover page)
MOTION TO TAKE JUDICIAL NOTICE OF
FOREIGN LAW REGARDING EXECUTI OF WILL
ESTATE OF FRANK R. TERLIP, DECEASED; CAUSE NO. 2020-PRO1531-1 EXHIBIT 4-2
7/14/2020 Codes Display Text
—
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opel,
INFORMATION
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PROBATE CODE - PROB
DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79.)
PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] (Part 2 enacted by Stats. 1990, Ch. 79. )
CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79.)
ARTICLE 2. Proof of Will [8220 - 8226] ( Article 2 enacted by Stats. 1990, Ch. 79. )
—+> 8220. Unless there is a contest of a will:
(a) The will may be proved on the evidence of one of the subscribing witnesses only, if the evidence shows that the
will was executed in all particulars as prescribed by law.
(b) Evidence of execution of a will may be received by an affidavit of a subscribing witness to which there is
attached a photographic copy of the will, or by an affidavit in the original will that includes or incorporates the
attestation clause.
(c) If no subscribing witness resides in the county, but the deposition of a witness can be taken elsewhere, the
court may direct the deposition to be taken. On the examination, the court may authorize a photographic copy of
the will to be made and presented to the witness, and the witness may be asked the same questions with respect
to the photographic copy as if the origina! will were present.
(Enacted by Stats. 1990, Ch. 79.)
8221. If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code,
the court may, if the will on its face conforms to all requirements of law, permit proof of the will by proof of the
handwriting of the testator and one of the following:
(a) Proof of the handwriting of any one subscribing witness.
(b) Receipt in evidence of one of the following documents reciting facts showing due execution of the will:
(1) A writing in the will bearing the signatures of all subscribing witnesses.
(2) An affidavit of a person with personal knowledge of the circumstances of the execution.
(Enacted by Stats. 1990, Ch. 79.)
8222. A holographic will may be proved in the same manner as other writings.
(Enacted by Stats. 1990, Ch. 79.)
8223. The petition for probate of a lost or destroyed will shall include a written statement of the testamentary
words or their substance. If the will is proved, the provisions of the will shall be set forth in the order admitting the
will to probate.
(Enacted by Stats. 1990, Ch. 79.)
8224. The testimony of each witness in a proceeding concerning the execution or provisions of a will, the
testamentary capacity of the decedent, and other issues of fact, may be reduced to writing, signed by the witness,
and filed, whether or not the will is contested. The testimony so preserved, or an official reporter's transcript of the
testimony, is admissible in evidence in any subsequent proceeding concerning the will if the witness has become
unavailable as a witness within the meaning of Section 240 of the Evidence Code.
(Enacted by Stats. 1990, Ch. 79.)
hitps://leginfo. legislature.ca.govifaces/codes_displayText.xhtmI?lawCode=PROB8division=7.&title=&part=2.&chapter=3.&article=2. 1/2
EXHIBIT A-3
California Code of Civil Procedure Section 2015.5
(attached to this cover page)
MOTION TO TAKE JUDICIAL NOTICE OF
FOREIGN LAW REGARDING EXECUTION OF WILL
ESTATE OF FRANK R. TERLIP, DECEASED; CAUSE NO. 2020-PRO1531-1 EXHIBIT A-3
7120/2020 Codes Display Text
The certificate of a sheriff, marshal, or the clerk of the superior court, has the same force and effect as his or her
2 i
affidavit.
(Amended by Stats. 2002, Ch. 784, Sec. 88. Effective January 1, 2003.)
—?> 2015.5. whenever, under any law of this state or under any rule, regulation, order or requirement made pursuant to
the law of this state, any matter is required or permitted to be supported, evidenced, established, or proved by the
sworn statement, declaration, verification, certificate, oath, or affidavit, in writing of the person making the same
(other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a
notary public), such matter may with like force and effect be supported, evidenced, established or proved by the
unsworn statement, declaration, verification, or certificate, in writing of such person which recites that it is certified
or declared by him or her to be true under penalty of perjury, is subscribed by him or her, and (1), if executed
within this state, states the date and place of execution, or (2), if executed at any place, within or without this
state, states the date of execution and that it is so certified or declared under the laws of the State of California.
The certification or declaration may be in substantially the following form:
(a) If executed within this state:
“I certify (or declare) under penalty of perjury that the foregoing is true and correct”:
(Date and Place)(Signature)
(b) If executed at any place, within or without this state:
“I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true
and correct”:
(Date)(Signature)
(Amended by Stats. 1980, Ch. 889, Sec. 1. Operative July 1, 1981, by Sec. 6 of Ch. 889.)
2015.6. Whenever, under any law of this State or under any rule, regulation, order or requirement made pursuant
to law, an oath is required to be taken by a person appointed to discharge specific duties in a particular action,
proceeding or matter, whether or not pending in court, including but not limited to a person appointed as executor,
administrator, guardian, conservator, appraiser, receiver, or elisor, an unsworn written affirmation may be made and
executed, in lieu of such oath. Such affirmation shall commence “I solemnly affirm,” shall state the substance of the
other matter required by the oath, the date and place of execution and shall be subscribed by him.
(Added by Stats. 1961, Ch. 1364.)
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtmI?lawCode=CCP&division=&title=3.&part=4.&chapter=3.&article=2. 2/2
EXHIBIT A-4
Texas Estates Code Section 256.152
(attached to this cover page)
MOTION TO TAKE JUDICIAL NOTICE OF
FOREIGN LAW REGARDING EXECUTION OF WILL
ESTATE OF FRANK R. TERLIP, DECEASED; CAUSE NO, 2020-PR01531-1 EXHIBIT A-4
7/28/2020 ESTATES CODE CHAPTER 256. PROBATE OF WILLS GENERALLY
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff.
January 1, 2014.
+ applicant
Sec. 256.152.
for the
ADDITIONAL
probate of a
PROOF
will must
REQUIRED
prove
FOR
the
PROBATE
following
OF WILL.
to the
(a)
court's
An
satisfaction, in addition to the proof required by Section 256.151, to
obtain the probate:
(1) the testator did not revoke the will; and
(2) if the will is not self-proved, the testator:
(A) executed the will with the formalities and solemnities
and under the circumstances required by law to make the will valid; and
(B) at the time of executing the will, was of sound mind and:
(i) was 18 years of age or older;
(ii) was or had been married; or
(iii) was a member of the armed forces of the United
States, an auxiliary of the armed forces of the United States, or the
United States Maritime Service.
(b) A will that is self-proved as provided by Subchapter C, Chapter
251, that is self-proved in accordance with the law of another state or
foreign country where the will was executed, as that law existed at the
time of the will's execution, or that is self-proved in accordance with the
law of another state or foreign country where the testator was domiciled or
had a place of residence, as that law existed at the time of the will's
execution or the time of the testator's death, is not required to have any
additional proof that the will was executed with the formalities and
solemnities and under the circumstances required to make the will valid.
(c) As an alternative to Subsection (b), a will is considered self-
proved without further evidence of the law of any state or foreign country
if:
(1) the will was executed in another state or a foreign country
or the testator was domiciled or had a place of residence in another state
or a foreign country at the time of the will's execution or the time of the
testator's death; and
(2) the will, or an affidavit of the testator and attesting
witnesses attached or annexed to the will, provides that:
(A) the testator declared that the testator signed the
instrument as the testator's will, the testator signed it willingly or
willingly directed another to sign for the testator, the testator executed
the will as the testator's free and voluntary act for the purposes
expressed in the instrument, the testator is of sound mind and under no
https://statutes.capitol.texas.gov/Docs/ES/htm/ES.256.htm TAZ
7/28/2020 ESTATES CODE CHAPTER 256. PROBATE OF WILLS GENERALLY
constraint or undue influence, and the testator is eighteen years of age or
over or, if under that age, was or had been lawfully married, or was then a
member of the armed forces of the United States, an auxiliary of the armed
forces of the United States, or the United States Maritime Service; and
(B) the witnesses declared that the testator signed the
instrument as the testator's will, the testator signed it willingly or
willingly directed another to sign for the testator, each of the witnesses,
in the presence and hearing of the testator, signed the will as witness to
the testator's signing, and to the best of their knowledge the testator was
of sound mind and under no constraint or undue influence, and the testator
was eighteen years of age or over or, if under that age, was or had been
lawfully married, or was then a member of the armed forces of the United
States, an auxiliary of the armed forces of the United States, or the
United States Maritime Service.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff.
January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.32, eff.
January 1, 2014
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 26, eff.
January 1, 2014
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 24, eff.
September 1, 2015.
Sec. 256.153. PROOF OF EXECUTION OF ATTESTED WILL. (a) An attested
will produced in court that is not self-proved as provided by this title
may be proved in the manner provided by this section.
(b) A will described by Subsection (a) may be proved by the sworn
testimony or affidavit of one or more of the subscribing witnesses to the
will taken in open court.
(c) If all the witnesses to a will described by Subsection (a) are
nonresidents of the county or the witnesses who are residents of the county
are unable to attend court, the will may be proved:
(4) by the sworn testimony of one or more of the witnesses by
written or oral deposition taken in accordance with Section 51.203 or the
Texas Rules of Civil Procedure;
(2) if no opposition in writing to the will is filed on or before
the date set for the hearing on the will, by the sworn testimony or
affidavit of two witnesses taken in open court, or by deposition as
https://statutes.capitol.texas.gov/Docs/ES/htm/ES.256.htm 8/13
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E-FILED TARRANT COUNTY, TEXAS 7/29/2020 11:03 AM Mary Louise Nicholson COUNTY CLERK BY: Cindy Keener NO. 2020-PR01531-1 ESTATE OF IN PROBATE COURT FRANK R. TERLIP, NUMBER ONE OF DECEASED TARRANT COUNTY, TEXAS MOTION TO TAKE JUDICIAL NOTICE OF FOREIGN LAW REGARDING EXECUTION OF WILL. TO THE HONORABLE JUDGE OF SAID COURT: CAROL A. TERLIP (“Applicant”) moves the Court to take judicial notice of the law of the State of California regarding the execution of the Will that is on file in this proceeding so that additional proof shall not be required of its execution with the formalities and solemnities and under the circumstances required to make it a valid will, and would respectfully show the Court as follows: 1 Applicant is the applicant named in that certain Amended Application for Probate of Will as a Muniment of Title (“Amended Application”) on file in this proceeding, by which Applicant is seeking to have the written Last Will and Testament of Frank R. Terlip dated August 26, 1983 (herein, the “Will”) admitted to probate as a Muniment of Title following the death of Frank R. Terlip (“Decedent”) on January 18, 2020. 2 Applicant requests that the Court take judicial notice of the following provisions of California law as in effect at the time of Decedent’s death: a. California Probate Code Section 6110, a true and correct copy of which is attached to this Motion as Exhibit A-1 and incorporated herein by reference; MOTION TO TAKE JUDICIAL NOTICE OF FOREIGN LAW REGARDING EXECUTION OF WILL ESTATE OF FRANK R. TERLIP, DECEASED; CAUSE NO. 2020-PR01531-1 PAGE} California Probate Code Section 8220, a true and correct copy of which is attached to this Motion as Exhibit A-2 and incorporated herein by reference; and California Code of Civil Procedure Section 2015.5, a true and correct copy of which is attached to this Motion as Exhibit A-3 and incorporated herein by reference. 3 Texas Estates Code Section 256.152(b), a true and correct copy of which is attached hereto as Exhibit A-4 and incorporated herein by reference, provides in pertinent part that a will may be admitted to probate in Texas without additional proof regarding its execution in accordance with the formalities and solemnities and under the circumstances required to make it a valid will if the will “... is self-proved in accordance with the law of another state or foreign country where the testator was domiciled or had a place of residence, as that law existed at the time of the will’s execution or the time of the testator’s death...” 4 Applicant is the surviving spouse of Decedent and was married to Decedent at the time the Will was executed. When the Will was executed, Applicant and Decedent were domiciled and residing in Ventura County, California. 5 California Probate Code Section 6110 sets forth the requirements for the valid execution of a will in California. The signature and attestation clauses in the Will meet the requirements of California Probate Code Section 6110 for the Will to be considered to have been validly executed under the laws of the State of California. 6 California Probate Code Section 8220(b) provides that if there is no contest of a will, “Je]vidence of execution of a will may be received by an affidavit of a subscribing witness to which there is attached a photographic copy of the will, or by an affidavit in the original will that includes or incorporates the attestation clause.” 7 California Code of Civil Procedure Section 2015.5 provides that a declaration under penalty of perjury substantially in the form set forth in that section has the same force and effect as MOTION 70 TAKE JUDICIAL NOTICE OF FOREIGN LAW REGARDING EXECUTION OF WILL, ESTATE OF FRANK R. TERLIP, DECEASED; CAUSE NO. 2020-PRO1531-1 PAGE 2 an affidavit. The provisions of the attestation clause in the Will meet the requirements of a valid declaration under penalty of perjury set forth in that section and therefore have the same force and effect as an affidavit in the Will. Accordingly, the attestation clause provides the necessary evidence of execution of the Will under California Probate Code Section 8220(b). 8 No contest of the Will has been filed in this proceeding. 9 By virtue of the provisions herein cited, Decedent’s Will meets the requirements to be considered a self-proved Will under the laws of the State of California in existence at the time of Decedent’s death and, therefore, no additional proof should be required of its execution with the formalities and solemnities and under the circumstances required to make it a valid will. WHEREFORE, Applicant prays that the Court take judicial notice of the provisions of California law herein cited, that the Court determine that no additional proof is required of the Will’s execution with the formalities and solemnities and under the circumstances required to make it a valid will, and that all orders be entered as the Court may deem proper. Respectfully submitted, CAROL A. TERLIP Applicant By: /S/ Charles D. Powell Charles D. Powell State Bar No. 16194650 Adair, Morris & Osborn, P.C. 325 North St. Paul Street, Suite 4100 Dallas, Texas 75201 (214) 748-8000 (214) 761-0658 (fax) edpowell@amolaw.com Attorneys for Applicant ‘wjipitertip\filingsimotion 2 MOTION TO TAKE JUDICIAL NOTICE OF FOREIGN LAW REGARDING EXECUTION OF WILL ESTATE OF FRANK R. TERLIP, DECEASED; CAUSE NO. 2020-PRO1531-1 PAGES EXHIBIT A-1 California Probate Code Section 6110 (attached to this cover page) MOTION TO TAKE JUDICIAL NOT! OF FOREIGN LAW REGARDING EXECU |ON OF WILL ESTATE OF FRANK R. TERLIP, DECEASED; CAUSE NO. 2020-PR01531-1 EXHIBIT A-1 7114/2020 Codes Display Text ree C HE, f LEGISLATIVE COFFEE. INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Code: SelectCodev Section: 1 or 2 or 1001 {Search} © po a wo Up Add To My Favorites PROBATE CODE - PROB DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79.) CHAPTER 2. Execution of Wills [6110 - 6113] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ab 6110. (a) Except as provided in this part, a will shall be in writing and satisfy the requirements of this section (b) The will shall be signed by one of the following (1) By the testator. (2) In the testator’s name by some other person in the testator’s presence and by the testator’s direction. (3) By a conservator pursuant to a court order to make a will under Section 2580. (c) (1) Except as provided in paragraph (2), the will shall be witnessed by being signed, during the testator’s lifetime, by at least two persons each of whom (A) being present at the same time, witnessed either the signing of the will or the testator’s acknowledgment of the signature or of the will and (B) understand that the instrument they sign is the testator’s will (2) If a will was not executed in compliance with paragraph (1), the will shall be treated as if it was executed in compliance with that paragraph if the proponent of the will establishes by clear and convincing evidence that, at the time the testator signed the will, the testator intended the will to constitute the testator’s will (Amended by Stats. 2008, Ch. 53, Sec. 1. Effective January 1, 2009.) S111. (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator. (b) If a holographic will does not contain a statement as to the date of its execution and (1) If the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are ‘ontrolling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other wil (2) If it is established that the testator lacked testamentary capacity at any time during which the will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity. (c) Any statement of testamentary intent contained in a holographic will may be set forth either in the testator’s own handwriting or as part of a commercially printed form will (Amended by Stats. 1990, Ch, 710, Sec. 13. Operative July 1, 1991, by Sec. 48 of Ch. 710.) 8111.5. Extrinsic evidence is admissible to determine whether a document constitutes a will pursuant to Section 6110 or 6111, or to determine the meaning of a will or a portion of a will if the meaning is unclear. (Added by Stats. 1990, Ch. 710, Sec. 14. Operative July1, 1991, by Sec. 48 of Ch. 710.) 8112. (a) Any person generally competent to be a witness may act as a witness to a will (b) A will or any provision thereof is not invalid because the will is signed by an interested witness. (c) Unless there are at least two other subscribing witnesses to the will who are disinterested witnesses, the fact that the will makes a devise to a subscribing witness creates a presumption that the witness procured the devise by duress, menace, fraud, or undue influence. This presumption is a presumption affecting the burden of proof. This https://leginfo. legislature.ca.govifaces/codes_displayText xhtmI?lawCode=PROB&division=6.atitle=&part=1.&chapter=2.8article= 12 EXHIBIT A-2 California Probate Code Section 8220 (attached to this cover page) MOTION TO TAKE JUDICIAL NOTICE OF FOREIGN LAW REGARDING EXECUTI OF WILL ESTATE OF FRANK R. TERLIP, DECEASED; CAUSE NO. 2020-PRO1531-1 EXHIBIT 4-2 7/14/2020 Codes Display Text — hiloLEGISLATIVE opel, INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Code: SelectCode v Section: 1 or 20r 1001 #] © ~ a oe Ups ‘Add To My Favorites PROBATE CODE - PROB DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS [7000 - 12591] ( Division 7 enacted by Stats. 1990, Ch. 79.) PART 2. OPENING ESTATE ADMINISTRATION [8000 - 8577] (Part 2 enacted by Stats. 1990, Ch. 79. ) CHAPTER 3. Probate of Will [8200 - 8272] ( Chapter 3 enacted by Stats. 1990, Ch. 79.) ARTICLE 2. Proof of Will [8220 - 8226] ( Article 2 enacted by Stats. 1990, Ch. 79. ) —+> 8220. Unless there is a contest of a will: (a) The will may be proved on the evidence of one of the subscribing witnesses only, if the evidence shows that the will was executed in all particulars as prescribed by law. (b) Evidence of execution of a will may be received by an affidavit of a subscribing witness to which there is attached a photographic copy of the will, or by an affidavit in the original will that includes or incorporates the attestation clause. (c) If no subscribing witness resides in the county, but the deposition of a witness can be taken elsewhere, the court may direct the deposition to be taken. On the examination, the court may authorize a photographic copy of the will to be made and presented to the witness, and the witness may be asked the same questions with respect to the photographic copy as if the origina! will were present. (Enacted by Stats. 1990, Ch. 79.) 8221. If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may, if the will on its face conforms to all requirements of law, permit proof of the will by proof of the handwriting of the testator and one of the following: (a) Proof of the handwriting of any one subscribing witness. (b) Receipt in evidence of one of the following documents reciting facts showing due execution of the will: (1) A writing in the will bearing the signatures of all subscribing witnesses. (2) An affidavit of a person with personal knowledge of the circumstances of the execution. (Enacted by Stats. 1990, Ch. 79.) 8222. A holographic will may be proved in the same manner as other writings. (Enacted by Stats. 1990, Ch. 79.) 8223. The petition for probate of a lost or destroyed will shall include a written statement of the testamentary words or their substance. If the will is proved, the provisions of the will shall be set forth in the order admitting the will to probate. (Enacted by Stats. 1990, Ch. 79.) 8224. The testimony of each witness in a proceeding concerning the execution or provisions of a will, the testamentary capacity of the decedent, and other issues of fact, may be reduced to writing, signed by the witness, and filed, whether or not the will is contested. The testimony so preserved, or an official reporter's transcript of the testimony, is admissible in evidence in any subsequent proceeding concerning the will if the witness has become unavailable as a witness within the meaning of Section 240 of the Evidence Code. (Enacted by Stats. 1990, Ch. 79.) hitps://leginfo. legislature.ca.govifaces/codes_displayText.xhtmI?lawCode=PROB8division=7.&title=&part=2.&chapter=3.&article=2. 1/2 EXHIBIT A-3 California Code of Civil Procedure Section 2015.5 (attached to this cover page) MOTION TO TAKE JUDICIAL NOTICE OF FOREIGN LAW REGARDING EXECUTION OF WILL ESTATE OF FRANK R. TERLIP, DECEASED; CAUSE NO. 2020-PRO1531-1 EXHIBIT A-3 7120/2020 Codes Display Text The certificate of a sheriff, marshal, or the clerk of the superior court, has the same force and effect as his or her 2 i affidavit. (Amended by Stats. 2002, Ch. 784, Sec. 88. Effective January 1, 2003.) —?> 2015.5. whenever, under any law of this state or under any rule, regulation, order or requirement made pursuant to the law of this state, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn statement, declaration, verification, certificate, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may with like force and effect be supported, evidenced, established or proved by the unsworn statement, declaration, verification, or certificate, in writing of such person which recites that it is certified or declared by him or her to be true under penalty of perjury, is subscribed by him or her, and (1), if executed within this state, states the date and place of execution, or (2), if executed at any place, within or without this state, states the date of execution and that it is so certified or declared under the laws of the State of California. The certification or declaration may be in substantially the following form: (a) If executed within this state: “I certify (or declare) under penalty of perjury that the foregoing is true and correct”: (Date and Place)(Signature) (b) If executed at any place, within or without this state: “I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct”: (Date)(Signature) (Amended by Stats. 1980, Ch. 889, Sec. 1. Operative July 1, 1981, by Sec. 6 of Ch. 889.) 2015.6. Whenever, under any law of this State or under any rule, regulation, order or requirement made pursuant to law, an oath is required to be taken by a person appointed to discharge specific duties in a particular action, proceeding or matter, whether or not pending in court, including but not limited to a person appointed as executor, administrator, guardian, conservator, appraiser, receiver, or elisor, an unsworn written affirmation may be made and executed, in lieu of such oath. Such affirmation shall commence “I solemnly affirm,” shall state the substance of the other matter required by the oath, the date and place of execution and shall be subscribed by him. (Added by Stats. 1961, Ch. 1364.) https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtmI?lawCode=CCP&division=&title=3.&part=4.&chapter=3.&article=2. 2/2 EXHIBIT A-4 Texas Estates Code Section 256.152 (attached to this cover page) MOTION TO TAKE JUDICIAL NOTICE OF FOREIGN LAW REGARDING EXECUTION OF WILL ESTATE OF FRANK R. TERLIP, DECEASED; CAUSE NO, 2020-PR01531-1 EXHIBIT A-4 7/28/2020 ESTATES CODE CHAPTER 256. PROBATE OF WILLS GENERALLY Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014. + applicant Sec. 256.152. for the ADDITIONAL probate of a PROOF will must REQUIRED prove FOR the PROBATE following OF WILL. to the (a) court's An satisfaction, in addition to the proof required by Section 256.151, to obtain the probate: (1) the testator did not revoke the will; and (2) if the will is not self-proved, the testator: (A) executed the will with the formalities and solemnities and under the circumstances required by law to make the will valid; and (B) at the time of executing the will, was of sound mind and: (i) was 18 years of age or older; (ii) was or had been married; or (iii) was a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service. (b) A will that is self-proved as provided by Subchapter C, Chapter 251, that is self-proved in accordance with the law of another state or foreign country where the will was executed, as that law existed at the time of the will's execution, or that is self-proved in accordance with the law of another state or foreign country where the testator was domiciled or had a place of residence, as that law existed at the time of the will's execution or the time of the testator's death, is not required to have any additional proof that the will was executed with the formalities and solemnities and under the circumstances required to make the will valid. (c) As an alternative to Subsection (b), a will is considered self- proved without further evidence of the law of any state or foreign country if: (1) the will was executed in another state or a foreign country or the testator was domiciled or had a place of residence in another state or a foreign country at the time of the will's execution or the time of the testator's death; and (2) the will, or an affidavit of the testator and attesting witnesses attached or annexed to the will, provides that: (A) the testator declared that the testator signed the instrument as the testator's will, the testator signed it willingly or willingly directed another to sign for the testator, the testator executed the will as the testator's free and voluntary act for the purposes expressed in the instrument, the testator is of sound mind and under no https://statutes.capitol.texas.gov/Docs/ES/htm/ES.256.htm TAZ 7/28/2020 ESTATES CODE CHAPTER 256. PROBATE OF WILLS GENERALLY constraint or undue influence, and the testator is eighteen years of age or over or, if under that age, was or had been lawfully married, or was then a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service; and (B) the witnesses declared that the testator signed the instrument as the testator's will, the testator signed it willingly or willingly directed another to sign for the testator, each of the witnesses, in the presence and hearing of the testator, signed the will as witness to the testator's signing, and to the best of their knowledge the testator was of sound mind and under no constraint or undue influence, and the testator was eighteen years of age or over or, if under that age, was or had been lawfully married, or was then a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.32, eff. January 1, 2014 Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 26, eff. January 1, 2014 Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 24, eff. September 1, 2015. Sec. 256.153. PROOF OF EXECUTION OF ATTESTED WILL. (a) An attested will produced in court that is not self-proved as provided by this title may be proved in the manner provided by this section. (b) A will described by Subsection (a) may be proved by the sworn testimony or affidavit of one or more of the subscribing witnesses to the will taken in open court. (c) If all the witnesses to a will described by Subsection (a) are nonresidents of the county or the witnesses who are residents of the county are unable to attend court, the will may be proved: (4) by the sworn testimony of one or more of the witnesses by written or oral deposition taken in accordance with Section 51.203 or the Texas Rules of Civil Procedure; (2) if no opposition in writing to the will is filed on or before the date set for the hearing on the will, by the sworn testimony or affidavit of two witnesses taken in open court, or by deposition as https://statutes.capitol.texas.gov/Docs/ES/htm/ES.256.htm 8/13