Hembree

I dissent. I would affirm the judgment for the reasons expressed by Mr. Presiding Justice Brown in the opinion prepared by him for the Court of Appeal, Fourth Appellate District, Division One (Estate of Russell, 4 Civ. 8740, filed October 16, 1967, certified for non-publication).

Georgia Nan Russell Hembree appeals from a judgment (Prob. Code, § 1240 1 ) entered in proceedings for the determination of heirship (§§ 1080-1082) decreeing inter alia that under the terms of the will of Thelma L. Russell, deceased, all of the residue of her estate should be distributed to Chester H. Quinn.

Thelma L. Russell died testate on September 8, 1965, leaving a validly executed holographic will written on a small card. The front of the card reads:

The reverse side reads:

Chester EL Quinn was a close friend and companion of testatrix, who for over 25 years prior to her death had resided in one of the living units on her property and had stood in a relation of personal trust and confidence toward her. Roxy Russell was testatrix’ pet dog which was alive on the date of the execution of testatrix’ will but predeceased her. 2 Plaintiff is testatrix’ niece and her only heir-at-law.

In her petition for determination of heirship plaintiff alleges, inter alia, that “Roxy Russell is an Airedale dog”; 3 that section 27 enumerates those entitled to take by will; that “Dogs are not included among those listed in . . . Section 27. Not even Airedale dogs”; that the gift of one-half…