Estate of Verdisson

Coblentz, Cahen, McCabe & Breyer, Charles R. Breyer and Jeffrey G. Knowles for Objector and Appellant.

OPINION

WHITE, P.J.

Madeleine Verdisson took her own life on June 3, 1987, leaving a substantial estate. In her pocket was a handwritten undated document titled "This is my Will and Testimony." The will contained only the following three bequests: "1) I leave my properties[ [1] ] to Edwin Nowak. [¶] 2) I leave my money to Lawrence Kesselring. [¶] 3) I leave my pets to Mr. Wardaman [Vardanian] and $20,000.00 to take care of them upon my death."

The present case involves a dispute between Messrs. Nowak and Kesselring concerning the proper interpretation of the words "properties" and "money" as used in the will. [2] The trial court concluded that "properties" referred to both real and personal property. Further, the court concluded that "money" did not encompass a $550,000 interest in a mutual fund, but did include a $100,000 return of premium on a life insurance policy. Kesselring has appealed from the trial court's decision to award the mutual fund to Nowak; Nowak has cross-appealed from the decision to award the returned life insurance premium to Kesselring. We…