Crockett

Crocker-Citizens National Bank v. Crockett

Good Law
1966 Cal. App. LEXIS 1237·241 Cal. App. 2d 215·50 Cal. Rptr. 358
Court of Appeal of CaliforniaMarch 30, 1966Civ. No. 22690California4,682 words

Opinion

Lead Opinion

Molinari, J.

Appellants, some of the legatees under the will of Camille Ehrenfels, appeal from the trial court's “Decree Determining Interests in Estate,” which decree determined in part that the various bequests in decedent’s will of shares of common stock of Standard Oil Company of New Jersey (hereafter referred to as Standard Oil) be satisfied out of shares of common stock of Diversification Fund, Inc., on the basis of 2.008 shares of the latter stock for each bequeathed share of Standard Oil stock. The sole contention of appellants is that this determination by the trial court was erroneous because the bequests of Standard Oil stock constituted general legacies and, accordingly, appellants are entitled to either Standard Oil stock in kind or to the cash equivalent of this stock as of the date of decedent’s death or, alternatively, the date on which appellants could first petition the court for preliminary distribution of their stock.

Camille Ehrenfels died on April 25, 1963, leaving a will dated July 28, 1955 and two codicils dated August 9 and November 25, 1955. By the terms of articles third, fourth, and fifth of decedent’s will and the November 25, 1955, codicil, decedent bequeathed…

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