Wales
Wales v. Mills
Opinion
Lead Opinion
Christian, J.
Judith E. Wales, one of the legatees under the will of decedent Harriet B. Smith, appeals from an *497 order entered pursuant to Probate Code, section 1080, determining interests under that will (and a codicil).
The last of a series of professionally drafted wills was executed by testatrix on July 19, 1963. The property subject to that will was a comparatively small portion of the total estate owned by Miss Smith; she had already provided for the management and ultimate disposition of other property through an inter vivos transfer in trust to United California Bank. The will provided for five charitable bequests totaling $9,000 and a $10,000 cash bequest to appellant Judith Wales, a friend who had lived with testatrix during the last few years. Two other specific bequests were made and the residue was given to two cousins, respondents Mills and McDonald. The will contained precatory language asking “my said cousins to carry into effect any request I may leave with them as to the distribution of certain items of tangible personal property, but without intending to impose any legally enforceable obligation upon them to do so.” On October 10, 1965, testatrix signed and dated a…