Lockhart
Lockhart v. Foundation for the Junior Blind
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,…