Sharp

This is an appeal by all the heirs at law of Emma M. Meininger, deceased, from a portion of a decree in a proceeding to determine heirship. The trial court construed decedent’s will and, having concluded that it contained an operative general residuary clause, decreed that appellants take nothing as heirs. The appeal presents no factual issues. No evidence was received. (See Parsons v. Bristol Development Co., 62 Cal.2d 861, 865-866 [ 44 Cal.Rptr. 767 , 402 P.2d 839 ], for a recent statement of the rules of interpretation in such a case.)

The will contains 15 numbered articles. The first article directs payment of debts and requests a simple funeral and cremation. The second states that Amos Meininger is her husband and that the testatrix has no living issue of that or any previous marriage. The third states that she owns considerable separate property and states because of that it is her 11 express intention” that the following general disposition of her “property be made” in the event she predeceases her husband. She then states this “general testamentary plan” to be that all property in the name of Amos, all property in the names of both, and all joint tenancy property shall…