Lawson

Lawson v. Hamilton

Good Law
186 Cal. App. 2d 303·1960 Cal. App. LEXIS 1631·8 Cal. Rptr. 905
Court of Appeal of CaliforniaNovember 10, 1960Civ. No. 6363California922 words

Opinion

Lead Opinion

McMurray, J.

This is an appeal from an order determining interests in estate and from an order denying motion to vacate order and enter a different order or in the alternative for new trial.

Jennie E. Lawson, a spinster, died June 20, 1958. Her holographic will was admitted to probate on July 20, 1958. All the named legatees and beneficiaries survived the testatrix. Her surviving next of kin were her sister, Annie F. Plymire, her grandnephew, Gary Plymire, and George C. Lawson, Anita Du Bois and Ruth Cummings, children of her deceased first cousin.

On August 29, 1959, Annie Plymire died.

The administrator with will annexed petitioned the court for a decree determining interest in estate, because of conflicting claims arising under the will of decedent.

The portions of the will here pertinent are as follows:

The trial court interpreted the will and the interests therein created as follows: The specific legatees are to receive the amounts designated. George C. Lawson is to receive that portion of the payment on the Crockett note attributable to interest as distinguished from principal; these payments are to terminate upon the death of George C. Lawson or upon the full payment of the note…

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