Denham

Bank of America v. Denham

Good Law
1962 Cal. App. LEXIS 1734·209 Cal. App. 2d 711·26 Cal. Rptr. 281
Court of Appeal of CaliforniaNovember 19, 1962Civ. No. 20098California568 words

Opinion

Lead Opinion

Draper, J.

The probate court determined that a specific bequest to appellant had been adeemed, and entered decree of final distribution accordingly.

The will, drawn by an attorney, was executed April 3, 1959. It bequeathed to appellant, the wife of testatrix’ grandnephew, “the Navarra promissory note on 224 Excelsior Ava *712 nue, San Francisco. ’ ’ Other bequests, including one of $200 to appellant’s husband, were made. The residue was left, in equal shares, to nine nieces and nephews.

Appellant and her husband had added a bedroom and bath to their home to accommodate testatrix, who moved there a few days after executing her will. She continued to reside there, paying $75 per month, until her death November 22, 1959. Appellant cared for testatrix, who was 80 years old and was confined to her bed for much of the time. Appellant had no knowledge of the bequest to her until testatrix’ death, and there is no suggestion of any agreement to compensate appellant by testamentary provision.

Early in October, testatrix was driven to the office of a title company, where she signed some papers. On October 7, she was driven to her bank, where she deposited $3,180, which is stipulated to be the…

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