Abell

Abell v. Koon

Good Law
1970 Cal. App. LEXIS 1937·87 Cal. Rptr. 881·9 Cal. App. 3d 194
Court of Appeal of CaliforniaJune 25, 1970Civ. No. 9868California1,992 words

Opinion

Lead Opinion

Kerrigan, J.

This is an appeal from a decree determining heirship wherein the trial court ruled that a house, two unimproved lots, and a savings account owned by the decedent, Beth A. White, at the time of her *197 demise passed to the respondent pursuant to the decedent’s last will and testament.

Beth A. White died testate on October 2, 1963, leaving certain real and personal property located in San Bernardino County. Her aged mother was her only surviving heir, and the mother passed away shortly after Beth’s demise.

The testatrix’ holographic will, dated July 27, 1963, was admitted to probate. In her handwritten will, with one minor exception not here pertinent, Beth endeavored to effect a disposition of her property to three persons: the appellants, Bert and Lula Abell [her former brother-in-law and his wife], and the respondent, Betty J. Koon [the daughter of Hollis White, whom Beth had married in 1961 and who predeceased her in 1962],

The testatrix’ last will and testament reads as follows, with italics added relative to the disputed items of real and personal property which are the subjects of this appeal:

It should be noted that the testatrix made a specific disposition of…

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