Schmutzler
Schmutzler v. Downen
Opinion
Lead Opinion
Jefferson, J.
Ruth Schmutzler appeals from a judgment of the trial court rendered on her petition to determine interests in the estate of Beulah M. Dillingham, ruling that the petitioner is entitled to receive under the will only the residence, furniture and clothing of the deceased.
Beulah M. Dillingham died on April 4, 1968, leaving an holographic will 1 which was duly admitted to probate. When the named executor *709 declined to act, the public administrator was appointed and filed a petition for letters listing as heirs at law six adults, all of whom made claims and petitioned for a determination of heirship and distribution. Ruth Schmutzler, a good friend of the decedent, then filed a petition claiming that she was entitled to take the entire estate except for the amount of one specific bequest of $1,000 made to Mrs. Mable O’Dell.
The testatrix was an elderly woman who for a number of years immediately preceding her death had lived alone in a single family residence on 88th Place in Los Angeles which she owned. The testatrix’ mother had predeceased her; she had no children, and her only living relatives were first cousins who resided outside of California. During the last few…