Brown

Brown v. Oldham

Good Law
113 Cal. Rptr. 674·1974 Cal. App. LEXIS 1005·39 Cal. App. 3d 729
Court of Appeal of CaliforniaJune 6, 1974Civ. No. 42648California2,386 words

Opinion

Lead Opinion

Thompson, J.

This appeal challenges a ruling of the probate court a holding that a proceeding by which respondent sought unsuccessfully to establish that appellant had substituted pages in the document filed by her as the will of Bert M. Lewy was not a contest of will within the meaning of an in terrorem clause in the documents. We affirm the order of the trial court.

Bert M. Lewy (Decedent) died on April 27, 1971. He was survived by four children. Two children of decedent’s previously deceased wife, one of whom is respondent, also survived. On May 19, 1971, appellant filed a petition for probate of a will of decedent dated October 20, 1965. That document bequeaths decedent’s property to his four children and respondent in equal shares. In paragraph “Fifth,” it provides: “Except as hereinabove expressly provided, I am intentionally making no provision in this my will for any other person or persons who may be my heirs-at-law. It is my will and I direct that if any one or more of the beneficiaries under this will, or any person, who, if I died intestate, would be an heir-at-law, shall contest the probate of this will, or otherwise con *732 test the validity of this will, I hereby…

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