Freeman v. Traylor

Appeal from an order determining distribution rights to an estate and modifying an agreement between claimants. (Prob. Code, § 1020.1.)

Lewis R. Freeman died in November 1960, leaving an estate of $350,000 in securities and a will of 27 paragraphs. Paragraph 1 directed payment of his debts. Paragraphs 2 to 22 contained separate bequests to 27 individuals of personal effects or legacies in amounts up to $5,000. Paragraph 23 gave the residue of the estate to a friend, Donald A. McGilvray. Paragraphs 24 to 27 nominated an executor and provided for administration of the estate. McGilvray, the residuary legatee, died before the testator, and the will contained no specific provision for an alternate residuary legatee. Freeman’s sole heir-at-law was his niece, Katherine Freeman, the respondent.

In probate proceedings, the successors in interest of McGilvray, the predeceased residuary legatee, claimed the residuary estate. So did the successors in interest of Maebelle D. Traylor, a surviving legatee named in paragraph 2 of the will, which read: “Second: I give and bequeath to Mae-belle D. Traylor, of Palm Springs, California, all of my books, curios, tennis prizes and other personal…