Mary Knoll Missionary Society v. Bank of America National Trust & Savings Ass'n

This is an appeal from an order construing a will, directing disposition of the property of the estate, and from an order denying a motion to vacate the judgment and order. Certain phases of this case were heretofore presented to this court for decision. (Estate of Mallon, 28 Cal. App. (2d) 106 [ 81 Pac. (2d) 992 ].) We need not cause this decision to become exuberant by reiteration of the salient facts there related.

The deceased left a will written entirely in his own handwriting, which reads:

A previous will, dated June 8, 1934, left all of decedent’s property in trust during the lifetime of decedent’s .sister, Mary A. Mallon. It was held on the former appeal that this previous will was revoked by the execution of the subsequent will above quoted. The trial court has now found from an interpretation of its terms and provisions that the whole of the estate of the decedent was devised and bequeathed to decedent’s sister, Mary A. Mallon, absolutely. The conclusion was that the words: “I . . . hereby will and bequeath all of the above property to my sister, Mary A. Mallon, ’ ’ constituted an absolute bequest; that the words “who will care for Mary L. Barrett until death shall…