Roberts
Pacific-Security Bank v. Roberts
Opinion
Lead Opinion
Roth, J.
Appellants Turner F. Roberts (Turner) and Lila Helen Roberts Walsh (Lila Helen) grandchildren of Lila Bibb Roberts, deceased, appeal from an order predicated upon a petition of Pacific-Security Bank, executor, to determine heirship.
There is no dispute about the facts.
On March 20, 1953, Lila Bibb Roberts deceased (testatrix) executed her last will. In pertinent part the will provided:
Dispositions were made:
On December 28, 1959, approximately six years and nine months after the will was executed, testatrix was judicially declared incompetent. She died on October 14, 1968. There was no restoration to competency prior to her death.
Watkins, the residuary legatee, died on April 22, 1964, approximately four years before the death of decedent. Decedent did not know of Watkins’ death at any time prior to her own. The five grandchildren listed above survived.
Security-Pacific Bank, as executor, petitioned the court for an order of distribution based on the antilapse statute, probate section 92, 1 asserting *751 that section 92 required distribution of the lapsed Watkins bequest to the lineal heirs of Watkins, to wit: his children Gerald, Richard and David.