Lockhart

Lockhart v. Foundation for the Junior Blind

Good Law
1970 Cal. App. LEXIS 1428·5 Cal. App. 3d 173·84 Cal. Rptr. 914
Court of Appeal of CaliforniaMarch 10, 1970Civ. No. 33484California3,809 words

Opinion

Lead Opinion

Files, J.

This case involves several appeals from two orders of the superior court sitting in probate.

The order entered November 2, 1967, approved the first account current of the executors, directed preliminary distribution and allowed partial payment of statutory and extraordinary executors’ commissions and attorney fees. The order entered December 27, 1967, determined interests in the estate. Since the principal controversy was that resolved by the latter order, we discuss it first.

The decedent, Emily Mary Johnson, a childless, widow, died September 1, 1965, at age 78, leaving a will which had been prepared by an attorney and executed October 19, 1962. The portion of the will which is the subject of controversy is as follows:

“Fourth: I hereby give and bequeath all of my personal belongings and effects, including all personal property items intended for personal use *178 or adornment and which are present in my residence at 1609 North Alexandria Avenue, Los Angeles, California, in equal shares to Marcelite Lockhart and Frances Tucker, or all to the survivor of them if either should predecease me. If they are both living, they shall jointly take possession from my Executors,…

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.