Holmes

This probate case raises interrelated issues arising from a trial court order that a specific devise of real property abate proportionally with general monetary bequests. There are two specific issues. First, did appellant have adequate notice that the court might order *706 abatement of her devise, where the petition pending before the court conceded that the real property would not ábate? Second, was the trial court correct in ordering abatement of the real property devise?

I.

Edward Jenanyan died ofr August 9, 1976, leaving a will dated February 3, 1975, and a holographic codicil executed the following day. The will and codicil were admitted to probate in Contra Costa County in September of 1976.

By the terms of his will, Jenanyan left his personal effects and furniture to his second wife, Ann Jenanyan. He made numerous cash bequests to friends and relatives, totalling $425,000. He made only one specific devise of real property, to appellant, Sharon Wick. 1 In addition, he left $100,000 to be distributed to a list of named charities.

The day after he executed his will, decedent wrote a holographic codicil stating that if there were insufficient funds in his estate…