Berryessa v. Murphy

Gary Beriyessa and Rene Deane, the contingent beneficiary and trustee, respectively, of a testamentary trust, appeal from a decree denying their petition for heirship and determining that the decedent’s only heirs at law, his parents, J. Frank Murphy and his wife Marjorie, were the only persons entitled to the estate. The principal question presented is whether any of the documents executed by Marilyn Murphy, the testator’s former wife, constituted a disclaimer of her interests in the decedent’s estate, pursuant to Probate Code sections 190-190.10. For the reasons set forth below, we have concluded that the trial court properly concluded that the marital settlement agreement and Marilyn’s assignment of her interest to the decedent’s parents were valid.

The court found the pertinent facts as follows: When Peter Murphy died on May 25, 1977, he was a single person and had no issue. He had executed a will on Februaiy 23, 1972, leaving his entire estate to his then wife Marilyn. The will also provided that if Marilyn did not survive him by 180 days, Deane, as trustee for Beriyessa (Marilyn’s then minor son by a prior marriage), would succeed to the estate. Marilyn survived…