Armstrong

Lee v. Armstrong

Good Law
1962 Cal. App. LEXIS 1650·209 Cal. App. 2d 7·25 Cal. Rptr. 693
Court of Appeal of CaliforniaOctober 24, 1962Civ. No. 7030California1,693 words

Opinion

Lead Opinion

Coughlin, J.

The issues on this appeal involve the construction of two instruments admitted to probate as the last will, and a codicil thereto, of Estella M. Wiemer, deceased.

Mrs. Wiemer executed a formal will on December 8, 1953, by which she disposed of her entire estate; devised and bequeathed specific property to her two sisters, her brother, a foster granddaughter, a foster grandson, and a foster son-in-law, or to their heirs in the event they predeceased the testatrix; left the residue of her estate to the foster grand *9 daughter and foster grandson; and named the latter executors of her will. In this will the testatrix declared that she had no natural children, but that she had raised Genevieve Lee for whom she had the same affection as a natural daughter. The persons referred to herein as the foster son-in-law, foster granddaughter, and foster grandson are the husband and children respectively of Genevieve Lee. The foster grandson had two children who were not named in the formal will. After its execution, the foster son-in-law, the brother, and a sister died. On June 22, 1959, which was approximately five and one-half years after execution of the formal will, Mrs. Wiemer wrote the…

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