Stivers v. Gansner

This is an appeal from an order of the trial court determining heirship in a proceeding brought by appellant, Raymond Stivers, pursuant to section 1080 of the Probate Code.

Frederick G. Gansner and Nellie C. Gansner were husband and wife. Frederick Gansner died intestate in November 1954, leaving both community property and property held in joint tenancy with Nellie. The property went to Nellie through the laws of intestate succession and by the right of survivorship. Nellie died testate on December 15, 1959. Her will, which was executed on January 22, 1954, prior to her husband’s death, was prepared by an attorney of 45 years’ experience. Paragraphs Seventh, Eighth and Ninth of her will are involved in this appeal. They provide as follows:

The will was admitted to probate in January 1960. In August 1961 appellant initiated this heirship proceeding. Trial was had without a jury. The court held that pursuant to paragraph Ninth George Gansner and Freda Hodge, the nephew and niece respectively of Frederick Gansner, and appellant and Katherine Sharp, the nephew and niece respectively of Nellie Gansner, were entitled to equal shares of the property Nellie had owned with Frederick…