Estate of Hampton

Sanford A. Berliner and Morris Hyman for Objector and Appellant.

Luther A. Clark for Petitioner and Respondent.

McCutchen, Doyle, Brown & Enersen and Albert J. Moorman for Claimant and Respondent.

TAYLOR, J.

The niece of the testator appeals from a portion of the judgment of preliminary distribution decreeing that certain securities be distributed to respondent trustee, Wells Fargo Bank (hereafter bank), to be given ultimately, after the lifetime support of the testator's sister and one Dorothea Young, to respondent residuary legatee, Leland Stanford Junior University, rather than to the niece as requested in her amended petition for heirship. The niece contends that: 1) the phrase "all my personal belongings," as used in paragraph THIRD (b) of the will, included all of the testator's property not otherwise specifically bequeathed; and 2) the trial court erred in determining the matter as a question of law, as the phrase is ambiguous and required extrinsic evidence.

Fred G. Hampton died in February 1966 and his formal witnessed will of December 14, 1964, was admitted to probate. The total assets of the estate amounted to $284,309.37 and consisted of one parcel of real…