Batchelor

This appeal presents the combined issues of the role of the judge and the use of extrinsic evidence in determining the applicability of Probate Code section 92—the antilapse statute in a proceed ings to determine heirship. 1 The court below rejected any resort to extrinsic evidence and determined from the language of the will in question that Probate Code section 92 was applicable. We affirm.

The decedent, Elise Casey, had two daughters, Martha and Patricia. Martha in turn had four children and Patricia had six children, giving Elise a total of ten grandchildren. Patricia died in 1971, and Martha died in 1975. Elise survived both of her daughters and died in 1976.

The holographic will which is the source of the dispute was executed by Elise in August of 1973, some two years after the death of Patricia. Codicils were executed September of 1973 and February of 1975, but the contents of neither is relevant here. The will was admitted to probate in April of 1977, some 18 months after the death of Martha. No contest was filed and the validity of the will has been conclusively determined. (Prob. Code, §§ 380, 384; Estate of Caruch (1956) 139 Cal.App.2d 178 [ 293 P.2d 514 ];…