Estate of Austin

Paul A. Ginsburg for Claimant and Appellant.

King, Eyherabide, Friedman, Robinson & Pearl, Stephen Eyherabide and Peter W. Beckman for Claimant and Respondent.

OPINION

ANDREEN, J.

The testatrix, Lucille Ann Austin, executed her will on March 9, 1977. Two specific bequests were made to a friend, Betty Guldberg, who is appellant herein. The first bequest was an oil portrait of the testratrix' mother and the other was as follows: "4(L) The promissory note which I own and hold, made by GARY GRENZ, together with the deed of trust or mortgage securing said promissory note, I give to my friend, BETTY GULDBERG; providing that in the event BETTY shall predecease me or shall not survive distribution of my estate, then in that event said promissory note, together with the securing deed of trust, I give to BETTY's mother, DOROTHY GULDBERG, and should DOROTHY likewise predecease me or not survive the distribution of my estate, then such promissory note, together with the securing deed of trust, I give to the heirs of DOROTHY GULDBERG by right of representation."

The will is somewhat unique, in that it contains nine separate legacies ranging from $2,000 to $15,000 to individuals and…