MacDonald v. Mowry

Good Law
107 Cal. App. 4th 338·131 Cal. Rptr. 2d 855·3 Cal. Daily Op. Serv. 2567
Court of Appeal of CaliforniaMarch 21, 2003B160835California1,364 words

Opinion

Opinion

Hastings, J.

Toni Mowry MacDonald, the adopted daughter of decedent Paul Randall Mowry, Jr., was omitted from his holographic will. Pursuant to Probate Code section 11700, she filed a petition to determine entitlement to distribution of decedent’s estate as an omitted heir. Because appellant was adopted before the holographic will was executed, the trial court concluded she was not an omitted heir as described within section 21620. We agree and affirm the order of the probate court.

Facts

The facts are not in dispute. Appellant was adopted by decedent, Paul Mowry, Jr., in 1974. Appellant’s mother, Joanna Ruth Mowry, was married to decedent at the time. Decedent subsequently married Mildren Mowry, who passed away in 1989 leaving no issue.

On December 7, 1990, decedent executed a handwritten will. The entire testamentary portion of the will states: “I Paul Randall Mowry Jr. declare this to be my last will and testament, revoking all former wills and codicils. [10 I hereby give all my estate real and personal to my brother, Joe Allen Mowry. [f] I hereby appoint my brother Joe Allen Mowry to be the executor of my estate. No bond shall be required of my executor.”

Decedent died on…

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