Estate of Tolman

Law Offices of Peggi Collins, Peggi Collins; Law Offices of Lawrence M. Markey, Jr., and Lawrence M. Markey, Jr., for Objector and Respondent.

Deborah C. Tomlinson, granddaughter of decedent Nellie G. Tolman, appeals from the order denying her petition to determine persons entitled to distribution from Tolman's estate. Applying Probate Code section 21110, an antilapse provision, the trial court concluded that Tolman's grandson Michael J. Jennings (respondent) was among those entitled to inherit the residue of the estate, as issue of his mother Betty Jo Miller, the predeceased residual beneficiary. [1] The court rejected appellant's contention that the will reflected Tolman's controlling intent that Jennings and other issue of Miller not take from the estate. We affirm the order.

The record reflects that Tolman was married to Lloyd E. Tolman, who predeceased her, and with whom she had two children, Lloyd C. Tolman and Betty Jo Miller. Appellant and Laurie Onan are the surviving children of Lloyd C. Tolman, and thus granddaughters of the decedent. Respondent is the surviving son of Miller, and grandson of the deceased. Additionally, Tolman was survived by three…