Reardon

Reardon v. Lovell

Good Law
143 Cal. Rptr. 81·1978 Cal. App. LEXIS 1155·76 Cal. App. 3d 635
Court of Appeal of CaliforniaJanuary 9, 1978Civ. No. 41483California2,946 words

Opinion

Lead Opinion

Rouse, J.

*638 Opinion

—This appeal presents but one issue for decision: whether the testatrix’ will contains a sufficiently clear expression of her intent to render inapplicable the California antilapse statute.

The decedent, Josephine Salisbury, died on November 22, 1973, leaving a formal will which contained only two dispositive provisions. In clause 4, the testatrix devised certain real property to her brother, Louis Kehoe. In clause 5, she devised and bequeathed “the residue of my estate, real and personal, wheresoever situate, including all failed and lapsed gifts, to my granddaughter and grandson .. . Barbara M. Lovell ... [and] Raymond J. Lovell. ...” (Italics supplied.)

The testatrix’ brother, Louis Kehoe, died on January 24, 1968, predeceasing the testatrix. He was survived by two daughters, Louise Russell and Mary Reardon.

On December 23, 1975, in its capacity as the personal representative of the decedent’s estate, Central Bank filed a petition to determine heirship in regard to the real property which had been devised to Louis Kehoe. Statements of interest and supporting points and authorities were filed by the testatrix’ two grandchildren and by the two daughters of Louis…

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