Moreland

Moreland v. State

Good Law
1968 Cal. App. LEXIS 2275·263 Cal. App. 2d 825·70 Cal. Rptr. 140
Court of Appeal of CaliforniaJuly 12, 1968Civ. No. 32173California1,709 words

Opinion

Lead Opinion

Lillie, J.

The holographic will 1 of Alta C. Gundelach was admitted to probate and R. R. Moreland appointed administrator with the will annexed. Sale of the real property, the main asset of the estate, was approved. Filed against the estate by the Department of Charities, County of Los Angeles, was its claim in the amount of $1,259.37 “For [medical] care and aid advanced [to decedent and her husband] under Health and Safety Code section 1473 or sections 2222, *827 2576, 2600, 2603, 3006 and 6004 of the Welfare and Institutions Code”; the same was approved by the administrator and paid in full. Thereafter the administrator petitioned for decree determining interests in the estate; statement of interest was filed by the Attorney General on behalf of the State of California claiming the state to be the residuary beneficiary under the final clause of the will—“then gave back to State to cover our debt to them.” A hearing was had and the testimony of Mrs. Laybolt, sister of decedent, was taken. In its order determining interests in the estate the trial court determined that the residue of the estate descended to decedent’s heirs at law “there being no residuary legatee” named in the will, and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.