NO. 93-46 INTHC SUFREbE COURT OF THE STATE OF YONTANA 1983

ILJ TEE 3iATTER OF TEE ESTATE OF AUGUST UiJRUH, Deceased.

Appeal from: DistrictCourt of the Seventh JudicialDistrict, 

### Inand fortheCounty of Dawson, The Honorable L. C. Gulbrandson, Judgepresiding.
Counsel of Record: For Appellant: William B. Sherman, Conrad, Montana
For Respondent: @&+mm!i ;&.&n- Glendive, P40ntana 

## 'LC%{5; mcntcn/p~,

Submitted on Briefs: Xay 26, 1983 Decided: June 30, 1983

~iled: 

# JUN30

## 1983

Clerk

### Mr. Justice John Conway Harrison delivered the Opinion of the Court.
This appeal comes from the District Court of the Seventh Judicial District, County of Dawson. We are asked to review an order denying probate of certainpapers alleged to constitute a holographicwill. August Unruh died in February 1981. After his death, his deceased wife's brother, Raymond Johnson, found an envelope among hispersonal belongings. The envelope was sealed and contained four pieces of paper. On the outside of the envelope, these words were written; "names and addresses of those to be named in will." my

# - Under these words the signature of August Unruh appears. On each of the four pieces of paper, variousnames and addresses are listed. It 

### is apparent that there aretwo 

### lists;
one list containing names and addresses of 

### Mr. Unruh's side of the family, and the other containing names and addresses of his wife's sideof the family. On August 9, 1982, Raymond Johnson filed an amended application for formal probate of will and appointment of personal representative. In the application, 

### Mr. Johnson stated thathe had been unable to locatea formallyexecuted willand therefore he requested the court to enter an order allowing probate of the envelope and the accompanying four pieces of paper. A hearing
was held after which the court entered 

### its order denying the application. Weaffirm. Appellant contends that the writings met the statutory requirements of a holographic will, and any question concerning Mr. Unruh's intent could be proved by oral evidence. A holographic will is one that fails to meet the formal requirements of section 72-2-302, MCA. A writing "is valid as a holographic will, whether or not witnessed, if the signatureand thematerial provisions are inthe handwriting of the testator." Section 72-2-303, MCA. The 

### District Court concluded that there
were simply no testamentary provisions. We agree. The papersare only listsof various individuals. A willis an "instrument by which a person makes a disposition of hisproperty, 

# . .

# . a legaldeclarationof aman's intention, which he willstobe performed after his death. 

# .." Ballentines Law Dictionary, 1371 (3rd Ed. 1969). Here there is no disposition of property. Appellant also argues that testimony from people who knew Mr. Unruh should have been admitted to show that he intended all those persons listed to share equally. However, a valid will must exist before it can be construed or interpreted. In Re Estate of Gudmunsen (1976), 169 Mont. 53, 545 

### P.2d 146. The envelope and the four papers do not constituteavalidwill. The judgment of the

### DistrictCourt isaffirmed.

Weconcur: 

# Ph-44qpcAdlccQJJ Chief ~ustice"