Carnahan

Carnahan v. Alward

Good Law
1997 Cal. App. LEXIS 276·54 Cal. App. 4th 100·62 Cal. Rptr. 2d 504·97 Daily Journal DAR 4623·97 Cal. Daily Op. Serv. 2628
Court of Appeal of CaliforniaApril 8, 1997No. E017682California1,848 words

Opinion

Lead Opinion

Ward, J.

Objectors Stanton M. Alward, Charles Cliston Alward, Leston Linton Alward, and John Q. Alward (the Alwards) appeal from the order for final distribution of the estate of decedent Doris C. McCrary. The Alwards contend they are the only relatives of the decedent entitled to inherit her estate under the statutes governing intestacy; however, the trial court awarded 14/18ths of the estate to more remote relatives, who, the Alwards contend, were not entitled to anything. We disagree with the Alwards’ interpretation of the controlling statutes, and we affirm.

*102 Facts

Doris C. McCrary died intestate on June 28, 1994. 1 She was not survived by any children, parents, siblings, grandparents, aunts or uncles. The Al-wards were maternal first cousins of decedent. The decedent had also had 14 paternal first cousins, all of whom had predeceased her.

The trial court distributed 4/18ths of the residue of decedent’s estate to the Alwards and 14/18ths of the residue of the estate to 67 relatives of the decedent who were issue of the 14 deceased paternal first cousins. The Alwards objected to the distribution, filed points and authorities in opposition to the distribution, and moved…

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