Hermon v. Urteago

In this case we hold that provisions in a decedent's will, which was executed during a marriage that had been dissolved prior to his death, granting certain bequests in the event his spouse predeceased him to “my children and my spouse’s children” and “my issue and my spouse’s issue” fail as to “my spouse’s children” and “my spouse’s issue,” absent an expression of intent that the bequest was to survive a dissolution of the marriage.

The trial court was called upon to construe the will of John R. Hermon (testator), who was married at the time he executed the will but whose marriage was dissolved prior to his death. It is clear that after the dissolution, by operation of Probate Code section 6122 , all the testamentary bequests made to the testator’s former spouse were revoked. Specifically, the question in this case involves the status of the testator’s bequests to “my spouse’s children” and “my spouse’s issue.” The testator’s natural child, Curtis Hermon, appeals from the trial court’s ruling that, notwithstanding the marital dissolution, he is to share his testamentary gifts with the former spouse’s four children. We reverse.

Facts

The case was tried in the superior…