Estate of Hassell

Nils F. Hassell died testate. His estate was probated in the county of Alameda. He was seventy-nine years old at the time of his death. The executor petitioned for final distribution of his estate. Three of the children of Hassell petitioned for distributive shares of the estate as pretermitted heirs of the deceased. The court held that they were not pretermitted heirs, but had been intentionally omitted from any share in the testator’s bounty. Prom the decree following this determination these children of Nils F. Hassell have appealed.

The will contained the following provisions:

It is, of course, well established that before what are considered to be the “natural rights’’ of children to share in the inheritance of their immediate ancestors shall be taken away, the intent that they shall not so share must appear upon the face of the will strongly and convincingly. (In re Stevens, 83 Cal. 330 , [ 17 Am. St. Rep. 252 , 23 Pac. 379 ] Rhoton v. Blevin, 99 Cal. 647 , [ 34 Pac. 513 ]; In re Salmon, 107 Cal. 617 , [ 48 Am. St. Rep. 164 , 40 Pac. 1030 ].) If the intent is not thus satisfactorily established the law will reach the humane conclusion that the testator inadvertently failed…