Estate of Burson

Marcus, Wechsler & Weiss, Alvin Wechsler, Lyn H. Marcus and Robert M. Ebiner for Objectors and Appellants.

Agnew, Miller & Carlson, T.E. Calleton and Stanley H. Williams for Petitioner and Respondent.

OPINION

THOMPSON, J.

This is an appeal from an order determining interests in the estate of Zoe Ella Burson, deceased. Appellants, two of the deceased's six children who will take a portion of the estate which is not disposed of by will, contend that: (1) the probate court erred in failing to honor a stipulation of all interested parties construing a portion of the decedent's holographic will disposing of a part of her real property; and (2) the court erred in construing a bequest of "the home place with twenty acres" as including the contents of the home as well as real property. We conclude that a stipulation executed by counsel for appellants and respondent determined their rights with respect to the decedent's real property, and hence that the trial court erred in not honoring the stipulation. We conclude also that the probate court correctly construed the devise of the "home place" as impliedly bequeathing its contents because only that construction avoids intestacy as to…