Santos

Santos v. Buchanan

Good Law
147 Cal. App. 3d 590·195 Cal. Rptr. 178·1983 Cal. App. LEXIS 2221·43 A.L.R. 4th 941
Court of Appeal of CaliforniaSeptember 29, 1983Civ. No. 7655California1,465 words

Opinion

Lead Opinion

Woolpert, J.

When a single man adopts one of two adult nieces he has raised since childhood, does the newly acquired daughter become a pretermitted heir, thereby nullifying his previously executed will in which he left his estate equally to his two named nieces? We answer affirmatively because the change in status from niece to child is so momentous that the testator must make a new testamentary disposition absent a clear statement in the existing will that it was executed in contemplation of the change of status.

Jane and Joan are natural sisters who were raised by their uncle, Robert Turkington. On November 26, 1973, Robert executed a will by which he left his entire estate to his sister, directing that the estate be “used for the care, support, maintenance and education of my nieces, JANE BEATRICE *592 TURKINGTON and JOAN ELLEN TURKINGTON.” No further limitations or contingencies were mentioned.

Robert’s sister died shortly thereafter, triggering the next clause of the will: “If my sister should predecease me, then I hereby give, devise and bequeath all of my estate to my nieces, JANE BEATRICE TURKINGTON and JOAN ELLEN TURKINGTON.”

On September 15, 1977, approximately four years…

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