Farmer

Farmer v. McClatchey

Good Law
1963 Cal. App. LEXIS 2649·214 Cal. App. 2d 590·29 Cal. Rptr. 569
Court of Appeal of CaliforniaMarch 28, 1963Civ. No. 6958California1,960 words

Opinion

Lead Opinion

Coughlin, J.

The issue on this appeal is whether a granddaughter is a pretermitted heir of her grandmother’s estate or was excluded from participation therein by the terms of a purported disinheritance clause in the grandmother’s will.

. Joan Farmer, who is the appellant herein, is the daughter of a deceased son of Portia E. McClure; was not named as a devisee or legatee in the latter’s will; and instituted heirship proceedings to adjudicate her claim as an alleged pretermitted heir under the provisions of section 90 of the Probate Code. Article Eighteenth of the subject will provided as-follows:

“Should any person contest this will and claim to be an heir to' , any part of my estate and be able to establish such fact, then in that event I give such person or persons the sum of ONE DOLLAR ($1.00) each and the balance of my estate to which such person or persons might be entitled shall pass in accordance with the terms of this will.”

The trial court found that, by the foregoing language, Portiá E. McClure testamentarily expressed her intention to omit her granddaughter, Joan Farmer, as a person entitled to inherit from her estate. , A decree was entered accordingly. Joan Farmer appeals from…

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