Estate of O'Connell

O'Donnell, Waiss, Wall & Meschke, Richard J. Wall and Elizabeth G. Leavy for Claimant and Appellant.

No appearance for Petitioner and Respondent.

John F. Duff for Claimant and Respondent.

OPINION

TAYLOR, P.J.

This is an appeal by an intestate heir from a portion of a probate decree determining that she had no interest in the estate of her deceased sister, Elsie O'Connell. The only question presented is whether the trial court properly held that the language of the holographic will bequeathing "all remaining cash in my accounts" to respondent, St. Brigid's Church, included a $17,000 certificate of deposit. We conclude that the interpretation adopted by the trial court accords with the intention and objectives of the testatrix and should be affirmed.

The facts as found by the court are as follows: On July 18, 1968, Elsie O'Connell wrote a valid holographic will that, by the first eight paragraphs, bequeathed specified sums of cash to several charitable and religious institutions, a piece of jewelry to each of two nieces, and the contents of her apartment to Mrs. Pietras. The will then continued: "To St. Brigid's Church after all expenses and bequests have been paid all…