Zappettini v. Ferroggiaro

Thelma D. Zappettini, the widow of the decedent, and Norma Perroggiaro and Hazel Suaeei, the sisters of the decedent, have filed cross-appeals from a decree determining heirship.

The decedent, William J. Zappettini, died on May 2, 1961, leaving as his sole heirs-at-law his widow, Thelma D. Zappettini, and his two sisters, Norma Perroggiaro and Hazel Suaeei. On May 23, 1961, his will, dated June 13, 1958, was admitted to probate. Pursuant to the fourth paragraph of the will, the testator gave, devised and bequeathed one-half of his entire estate to his wife, subject only to the condition that she survive him for six months and the other one-half in equal shares to his two sisters. In the seventh paragraph of the will, the testator stated that the bulk of his estate consisted of the land, buildings and business assets known as the Mar Vista Riding Academy; that his wife was thoroughly conversant with the operation of this business, was competent to manage the same, and might desire to retain the business after his death as her means of livelihood; that “ [i]n order to facilitate this,” his wife should have the right to elect, within six months of his death, to have said business…