Estate of Szekely

Selwyn & Capalbo and Sandra Kamenir for Claimants and Appellants.

Schurmer, Drane, Bullis & McCarthy and Charles C. McCarthy for Petitioner and Respondent.

OPINION

MARSHALL, J. [*] —

This is an appeal from a judgment of the trial court which adjudged a daughter of an adopted son of the decedent to be the pretermitted heir of decedent. The appeal is based on the judgment roll, neither party having requested the reporter's transcript or a settled statement.

Carol Jean Szekely (hereafter referred to as Carol), daughter of Theodore Laszlo Szekely, an adopted son of Joseph Szekely (hereafter referred to as Joseph), who died before Joseph, filed a petition to determine her entitlement to distribution of Joseph's estate, he having died on July 25, 1977.

Joseph executed a will wherein he left 16-2/3ds of his estate to Catherine Elizabeth Milch, daughter of a son of his cousin; 16-2/3ds to another daughter of a son of the cousin, Judith Andrea Milch, both in trust, and 16-2/3ds to Mrs. Agi Kovats, granddaughter of his deceased sister. The remaining half was to go to the Los Angeles County Physician's Aid Association.

Joseph declared in his will that he was not "currently" married,…