Estate of Armstrong

Lauren M. Handley, Andrew P. Costelli and Ivan L. Smith for Claimants and Appellants in No. 28938 and for Claimants and Respondents in No. 28939.

Jess F. High and Edward L. Lascher for Petitioner and Respondent in No. 28938 and for Petitioner and Appellant in No. 28939.

ROTH, P.J.

On April 12, 1963, Oscar B. Armstrong (Oscar) died. Gladys Seavey (appellant), daughter of the deceased and executrix of his estate, appeals from a decree determining interests in Oscar's estate pursuant to a petition she filed under Probate Code, sections 1080 and 1081, on November 13, 1963, requesting such a determination.

Respondents Nettie Kuhlken, Stephen Briening, Edward Briening and Geraldine Jordhay, all relatives of Ella C. Armstrong (Ella), Oscar's wife who died approximately two months after Oscar, filed petitions in April 1964 in accordance with the aforementioned sections, claiming an interest in Oscar's estate as distributees under the will of Oscar, and also as heirs and residuary legatees under Ella's will. Respondent Bank of America became a party to the proceeding as executor of Ella's decedent's estate.

The decree, filed August 3, 1964, finds all property of Oscar's estate to be…