Estate of Dominici

Caution
151 Cal. 181·1907 Cal. LEXIS 409·90 P. 448
Supreme Court of CaliforniaMay 9, 1907Sac. No. 1442.California2,971 words

Opinion

Lead Opinion

Henshaw, J.

Joseph Dominici died testate. Upon distribution question arose as to the interpretation of the provisions of his will and of a codicil thereto, and from the decree ■as ordered Marie Kohler appeals. The only matter here in ■controversy is a dispute over the conflicting claims of Marie Kohler and of Christiane Arndt.

The conflict arises under the following state of facts: By his will Dominici provided as follows: “Lastly, I give, bequeath and devise all the rest, residue and remainder of my property, real and personal, of whatsoever kind or character, ■or "wheresoever situated, share and share alike, unto my sister, Louise Jahnke, and unto my nephew, Heinrich Schluter, and Lis sister, my niece, all residing in Luchow, Hanover, Germany.” A codicil, made about three months thereafter, is as follows: “Whereas, it has come to my knowledge that my ■sister, Louise Jahnke, one of the residuary legatees therein námed, is dead. I hereby bequeath, give and devise the share ■of my said estate in said will given, bequeathed and devised to my said sister to the other two residuary legatees therein named, Heinrich Schluter, and to his sister, my niece, whose name is Marie Kohler, and whose…

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