Estate of Johnson

Edward Johnson died testate in the county of San Diego on October 30, 1927. In due course a petition for partial distribution was filed, in which it was alleged that certain real property situated in San Diego, which had been the home of the deceased in his lifetime, was devised to Mrs. Julia Berg and Helga Helgesen, and praying that said real property be distributed to them. The only question presented is as to the construction that should be placed upon one paragraph of the will of the deceased, which paragraph reads as follows:

At the hearing in the trial court it was contended on behalf of Mrs. Julia Berg and Helga Helgesen that this paragraph of the will is ambiguous and uncertain, and that when properly explained, with the aid of oral testimony as to the surrounding circumstances, it must be interpreted as giving to them, share and share alike, the real property previously occupied by the decedent as a residence. On the other hand, it was contended that the intention of the testator was to have said real property kept as a Missionary Home, and that, owing to the invalidity of this provision the testator died intestate as to that particular property. The trial court adopted…