Looney
Looney v. San Francisco Society for Prevention of Cruelty to Animals
Opinion
Lead Opinion
Kincaid, J.
Appellant appeals from an adverse judgment on a petition to determine heirship brought by her pursuant to Probate Code, section 1080.
The decedent, Sarah D. McNeill, died on April 7, 1962, leaving an estate which inventories at some $350,000.
Her will, dated February 27, 1959, left certain specific legacies which are not in dispute. Included in the legacies was one of $2,000 to Mrs. William E. Riser (Riser), to whom was entrusted the care of two dogs, and one of $1,000 to Helen M. Iversen (Iversen), to whom was entrusted the care of a cat.
The will then provided that the residue of the estate should be divided into three shares: two shares to be distributed to Riser, in trust, and one share to Iverson, in trust. The net income from the trust estates is to be added to the principal to form a common fund from which each of the trustees is authorized to withdraw $25 per week for each pet entrusted to her, to be used for their care, maintenance and comfort. If said sums prove to be insufficient to provide for the reasonable care of the animals, the trustees are authorized to use so much more as in their discretion should be necessary for the purpose. On the other hand, should the…