McDonald v. McDonald

By her last will Callie I. McDonald left all of the residue of her estate, share alike, to her two surviving sons, Lester and Ronald McDonald. She appointed her son Lester executor without bond. Her will was handwritten, and dated in 1947. The residue comprised practically all of her estate, there being no specific bequests of any moment, and very little debt.

Callie’s husband and her youngest son died before her. There was litigation in the husband’s estate, because he deeded most of his property to his youngest son before he died. The result of this litigation was to vest the greater part of that estate in Callie as her community property.

Lester McDonald was a business man. He took ■ care of his mother’s property from the time she got it until she died. There was always a close relationship of trust and confidence between Lester and his mother.

Ronald McDonald was an invalid. He had nothing to do with his mother’s property. He was querulous and fault finding with her, and he definitely didn’t share her trust in his brother Lester. But his mother was always solicitous of his welfare. She gave him the home where he lives. And she gave him for his support approximately…