Estate of Brissel

Church & Howard and Charles F. Howard for Claimant and Appellant.

Gibson, Dunn & Crutcher and Guy K. Claire for Claimant and Respondent.

KINGSLEY J.

[1a] This is an appeal from a judgment of the probate court in a proceeding to determine heirship pursuant to section 1080 of the Probate Code. Motion to dismiss appeal on ground that decree was nonappealable, denied.

George C. Brissel died testate on December 13, 1961, leaving a will dated April 7, 1961, which was duly admitted to probate on January 15, 1962.

By the terms of paragraph Sixth of decedent's will, he left certain real property in trust, naming five purported charitable organizations or institutions as beneficiaries subject to two life estates. By the terms of paragraph Seventh of the will, decedent left the residue of his estate to the same five named charitable organizations or institutions. And by the terms of paragraph Eighth the decedent directed that, in the event of failure of any of the charitable gifts, in whole or in part, such gift was to go to Ewing Lingle, the appellant herein.

On June 28, 1962, pursuant to section 1080 of the Probate Code, the executor filed his petition to determine interests in the…