Tomlinson

Tomlinson v. Jennings

Good Law
181 Cal. App. 4th 1433
Court of Appeal of CaliforniaFebruary 11, 2010No. B215644California2,085 words

Opinion

lead Opinion

Lichtman, J.

—Deborah C. Tomlinson, granddaughter of decedent Nellie G. Tolman, appeals from the order denying her petition to determine persons entitled to distribution from Tolman’s estate. Applying Probate Code section 21110, an antilapse provision, the trial court concluded that Tolman’s grandson Michael J. Jennings (respondent) was among those entitled to inherit the residue of the estate, as issue of his mother Betty Jo Miller, the *1435 predeceased residual beneficiary. 1 The court rejected appellant’s contention that the will reflected Tolman’s controlling intent that Jennings and other issue of Miller not take from the estate. We affirm the order.

FACTS

The record reflects that Tolman was married to Lloyd E. Tolman, who predeceased her, and with whom she had two children, Lloyd C. Tolman and Betty Jo Miller. Appellant and Laurie Onan are the surviving children of Lloyd C. Tolman, and thus granddaughters of the decedent. Respondent is the surviving son of Miller, and grandson of the decedent. Additionally, Tolman was survived by three great-grandchildren, who are children of respondent’s deceased sisters and grandchildren of Miller (hereafter Miller’s grandchildren).…

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