Shea

Shea v. Arnold

Good Law
105 Cal. Rptr. 590·1972 Cal. App. LEXIS 708·29 Cal. App. 3d 526
Court of Appeal of CaliforniaDecember 20, 1972Civ. No. 31411California2,250 words

Opinion

Lead Opinion

Taylor, J.

This is an appeal by an intestate heir from a portion of a probate decree determining that she had no interest in the estate of her deceased sister, Elsie O’Connell. The only question presented is whether the trial court properly held that the language of the holographic will bequeathing “all remaining cash in my accounts” to respondent, St. Brigid’s Church, included a $17,000 certificate of deposit. We conclude that the interpretation adopted by the trial court accords with the intention and objectives of the testatrix and should be affirmed.

The facts as found by the court are as follows: On July 18, 1968, Elsie O’Connell wrote a vahd holographic wiE that, by the first eight paragraphs, bequeathed specified sums of cash to several charitable and reEgious institutions, a piece of jewelry to each of two nieces, and the contents of her apartment to Mrs. Pietras. The will then continued: “To St. Brigid’s Church after all expenses and bequests have been paid all remaining cash in my savings and checking accounts at the Wells Fargo Bank, Grant and Market Sts. Also government bonds amounting to $1969.75 (one thousand nine-hundred sixty-nine dollars and seventy-five cents)…

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