Kesselring

Kesselring v. Nowak

Good Law
1992 Cal. App. LEXIS 364·4 Cal. App. 4th 1127·6 Cal. Rptr. 2d 363·92 Daily Journal DAR 3909·92 Cal. Daily Op. Serv. 2558
Court of Appeal of CaliforniaMarch 23, 1992No. A053884California4,366 words

Opinion

Lead Opinion

White, J.

Madeleine Verdisson took her own life on June 3, 1987, leaving a substantial estate. In her pocket was a handwritten undated document titled “This is my Will and Testimony.” The will contained only the following three bequests: “1) I leave my properties[ 1 ] to Edwin Nowak, [¶] 2) I leave my money to Lawrence Kesselring. [¶] 3) I leave my pets to Mr. Wardaman [Vardanian] and $20,000.00 to take care of them upon my death.”

The present case involves a dispute between Messrs. Nowak and Kesselring concerning the proper interpretation of the words “properties” and *1132 “money” as used in the will. 2 The trial court concluded that “properties” referred to both real and personal property. Further, the court concluded that “money” did not encompass a $550,000 interest in a mutual fund, but did include a $100,000 return of premium on a life insurance policy. Kesselring has appealed from the trial court’s decision to award the mutual fund to Nowak; Nowak has cross-appealed from the decision to award the returned life insurance premium to Kesselring. We affirm.

I

Facts

Madeleine Verdisson was bom and raised in France. In 1944, at the age of 16, she married an American soldier…

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