Estate of Fritze
Kinahan v. Malone
Opinion
Lead Opinion
McLUCAS, J.
This is an appeal by Margaret Kinahan and Catherine Mongan from that part of the order of distribution in the matter of the estate of Rose Fritze, deceased, which adjudges that said Margaret Kin ah an and Catherine Mongan are not entitled to share in the distribution of the sum of $3,766.56, the amount of said estate given by the will of said deceased to charity in excess of that allowed by law and not otherwise disposed of by said will; and which adjudges that Mary Malone, sister and legal heir of said deceased, is entitled to all of said $3,766.56 to the exclusion of said Margaret Kinahan and Catherine Mongan.
Rose Fritze died in Los Angeles, California, on June 6, 1925, leaving her surviving as heirs at law and next of kin three sisters, Mary Malone, Margaret Kinahan, and Catherine Mongan. On March 27, 1925, the deceased executed her last will, the relevant sections of which are as follows:
The net value of the etate of the deceased is the sum of $16,599.83. Of this amount the will of the deceased attempted to give to the Saint Vincent de Paul Society of Los Angeles household furniture and furnishings of the appraised value of $200, and to the Little Sisters of the Poor of…