Secreto v. Secreto

This is an appeal from a decree filed April 20, 1981, in a proceeding to determine the persons entitled to distribution of an estate. (Prob. Code, § 1080; 7 Witkin, Summary of Cal. Law (8th ed. 1974) Wills and Probate, §§ 260-262, pp. 5761-5762.)

Appellant Lucien Frederick Secreto is the executor of the estate of Allesandro Secreto and decedent’s only surviving son. Respondents Charles D. Secreto, Jr., and Joseph Secreto are decedent’s grandsons and sons of Charles Secreto, who died before receiving the bequest made to him in the will.

Allesandro Secreto died testate on August 18, 1966, having made a will dated September 29, 1955. The will was admitted to probate on October 14, 1966, and on October 17, 1966, Lucien was appointed executor of the estate; letters testamentary were issued that same day.

Allesandro’s wife, Rose Secreto, predeceased him, dying October 21, 1965. Paragraph nine of the will provides as follows: “Should my wife predecease me or die prior to the distribution of my estate, I give, devise and bequeath to my son, Lucien Frederick Secreto, presently living in San Francisco, California, the right to purchase from my estate the ranch owned by me and my…