Applebay

Applebay v. Security Pacific National Bank

Good Law
118 Cal. Rptr. 728·1975 Cal. App. LEXIS 950·44 Cal. App. 3d 467
Court of Appeal of CaliforniaJanuary 14, 1975Civ. No. 43394California1,929 words

Opinion

Lead Opinion

Fleming, J.

*469 Opinion

Relative^ of Dennis Sevegney, the predeceased spouse of decedent Minerva Sevegney, appeal the judgment of the probate court determining that they have no claim of inheritance to Minerva’s one-eleventh interest in four parcels of real property.

At issue is the meaning of the word property in the statutory scheme for intestate succession.

The issue arose as follows: Joseph Archambeault owned, the four parcels of California real property at his death in April 1936. By his will he placed the property in trust, making one-eleventh of the trust income payable to his nephew Dennis Sevegney, and giving Dennis a general testamentary power of appointment over a one-eleventh share of the trust property. 2 When Dennis died in November 1967, by his will he exercised the power of appointment in favor of his residuary estate and gave, devised, and bequeathed the entire residuary estate to his wife Minerva.

In September 1971 Minerva, a Michigan resident, died intestate. *470 Minerva’s relatives* ** 4 began ancillary probate proceedings in California to administer the California property in her estate.

Appellants entered the proceedings to claim an interest in the four…

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