Estate of Basore

Hahn & Hahn and William G. Hahn for Claimant and Appellant.

Willard J. Stone for Petitioner and Respondent.

Herschel B. Green and Jon Terence Green for Claimants and Respondents.

OPINION

DUNN, J.

This is an appeal from a decree determining heirship in, and distribution of, the estate of Helen L. Basore, deceased.

On February 14, 1950, Helen Basore, then unmarried, executed a will. After making two $500 bequests to her cousins, testatrix directed that the residue of the estate was to be impressed with a spendthrift trust for the maintenance of her brother, Howard E. Basore. Upon Howard's death the trust was to terminate and the residue was to be distributed in equal shares to the Casa Colina Hospital for Rehabilitative Medicine and the Pasadena Home for the Aged. [1] The will further provided that any person who opposed or contested the whole or any portion thereof should receive nothing from the estate. In a codicil executed March 5, 1959, the testatrix revoked the two $500 bequests, but confirmed the will in all other respects.

On June 1, 1966, the testatrix married Matthew Stanley Preston. She died August 27, 1968, leaving an estate consisting of both separate property…