Bott

Bott v. Wright

Good Law
1 Cal. App. 3d 138·1969 Cal. App. LEXIS 1260·81 Cal. Rptr. 436
Court of Appeal of CaliforniaOctober 23, 1969Civ. No. 26299California2,276 words

Opinion

Lead Opinion

Taylor, J.

On this appeal by Lora T. Bott from an order denying her petition for heirship and for appointment as coexecutor of the decedent’s will, the contentions are that the evidence is insufficient to support the finding that the decedent intended to partially revoke his will, and that the court erred in applying the doctrine of dependent relative revocation.

The appeal is on a settled statement. The testator, Charles Uhl, died on September 7, 1967, a resident of the County of Santa Cruz. His will, a formal witnessed document executed in 1946 in Chicago, Illinois, was found in a metal box in the closet of the bedroom in his Aptos home. The pertinent portions of the will, as originally drafted, are contained in the third paragraph, the first section of which bequeathed a total of 52 shares of the residuary estate to designated members of the testator’s immediate family, while the second and third sections bequeathed a total of 48 shares *141 of the residuary estate to certain designated friends. Appellant was named in the second section of the third paragraph as a friend to receive six shares, in the sixth paragraph as the conditional legatee of certain shares bequeathed to two…

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