Estate of Kelley

In Re Estate of Kelley

Good Law
178 Cal. 523·1918 Cal. LEXIS 509·174 P. 35
Supreme Court of CaliforniaJuly 13, 1918L. A. No. 5432. Department One.California695 words

Opinion

Lead Opinion

Richards, J.

This is an appeal from that portion of a decree of distribution which purports to distribute certain real estate in Santa Barbara to the appellant for life. The contention of the appellant is that under the will and codicils of the testator she was entitled to have the said property distributed to her in fee simple. The testator, John G. Kelley, was a resident of Pennsylvania, but maintained a home in Santa Barbara upon the property here in question and where he died on May 29, 1911. He left a will and nine codicils which were admitted to probate in Monroe County, Pennsylvania, on June 28, 1911. Ancillary administration was had in Santa Barbara County for the purpose of disposing of the property there. The decedent left surviving him his widow, Edith S. Kelley, who was his second wife, and a daughter, whose name was Anna K. Hornbrook. He also left certain nephews and nieces who were under certain eventualities to become Ms residuary legatees. In his will, dated January 31, 1905, after certain specific bequests, he used the following words: “All the rest of my estate I give and bequeath to my dear wife, Edith S. Kelley, for life or so long as she remains my widow (except in the…

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