Ijams

Ijams v. Diocese of Monterey-Fresno Education & Welfare Corp.

Good Law
1968 Cal. App. LEXIS 2473·258 Cal. App. 2d 768·66 Cal. Rptr. 103
Court of Appeal of CaliforniaFebruary 9, 1968Civ. No. 811California2,858 words

Opinion

Lead Opinion

Gargano, J.

Appellants Andrew F. Ariey and Jean C. I jams, are the nephew and niece of the decedent, Linus A. Goyette, and residual beneficiaries under his last will and testament. Respondents are charitable or benevolent societies and corporations also named as beneficiaries in the will. Appellants appeal from an order settling first account and for preliminary distribution.

There is no dispute as to the essential facts. Decedent, a widower, was not survived by parents or lineal descendants. His nearest surviving next of kin were two sisters and a brother. Appellants are the children of a surviving sister. Decedent died January 16, 1964, leaving a will which he executed less than six months but more than 30 days prior to his death. Under the will decedent left a substantial portion of his property in trust to a surviving sister and a nonrelative with the remainder over, upon the death of the survivor, to the respondents. The will leaves the residue of the estate to certain relatives (including appellants) in varying shares, and it does not contain a substitutionary clause in the event the ehari *771 table gifts should fail. In addition, the will contains an in terror eon clause which…

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