Burnett

Burnett v. Younger

Good Law
153 Cal. Rptr. 377·1979 Cal. App. LEXIS 1486·90 Cal. App. 3d 374
Court of Appeal of CaliforniaMarch 13, 1979Civ. No. 54527California954 words

Opinion

Lead Opinion

Fleming, J.

*376 Opinion

Appeals from a judgment determining distribution of the estate of Gertrude Elkeles, deceased. The issue is whether decedent intended to include certain choses in action (checking account, savings account, savings bond, and 10 savings certificates) in a bequest of “my personal property and effects located at my residence.” The papers evidencing decedent’s ownership of these choses-in-action were found in her apartment after her death.

Gertrude Elkeles died on 27 January 1977, leaving an estate valued at $46,700.56. The bulk of the estate ($38,479.30) consisted of the choses in action. Other assets included corporate stock and mutual fund shares (total value $7,471.26) found in a bank safe deposit box, and miscellaneous personal effects (total value $750) located in decedent’s residence.

By her will dated 13 September 1968, Elkeles, who was never married, provided for distribution of her estate as follows: First, several small cash bequests in amounts of $150 and $350 were made to various relatives, including a $350 bequest to Bette Singerman, a niece. Second, Bette Singerman was to receive “my personal property and effects located at my residence, including my…

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