Estate of Combs

Kovacs v. St. Paul's English Evangelical Lutheran Church

Good Law
136 Cal. App. 286·1934 Cal. App. LEXIS 1042·28 P.2d 711
Court of Appeal of CaliforniaJanuary 17, 1934Docket No. 9322.California953 words

Opinion

Lead Opinion

Sturtevant, J.

The decedent left a holographic will in words and figures as follows:

Thereafter, August 5, 1932, she filed an account showing total receipts of $16,915.91, disbursements $5,846.34 and personal property on hand $11,069.57. With the account she filed a petition for final distribution in which she set forth:

St. Paul’s English Evangelical Lutheran Church, one of the legatees, appeared and filed written objections to the petition for distribution. The court made a decree which, among other things, provided as follows: “ . . . and orders distribution thereof as follows:

From that decree the surviving daughter appealed. She contends the trial court erred in holding the words “personal property” as used in the last sentence were used in a restricted sense and meant “personal effects”. She quotes section 106 of the Probate Code and she quotes from In re Brown’s Estate, 119 Cal. App. 195 , at page 197 [ 6 Pac. (2d) 319 ], as follows: “The intent of the testator must be determined, if possible, from the language of the will. (Estate of Young, 123 Cal. 337, 344 [ 55 Pac. 1011 ]; Fay v. District Court of Appeal, 200 Cal. 522, 536 [ 254 Pac. 896 ].) The authorities are uniform in declaring…

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