Estate of Karkeet

56 Cal.2d 277 (1961) Estate of PEGGY E. KARKEET, Deceased. STATE OF CALIFORNIA, Petitioner and Appellant,

v.

LEAH SELIX, Individually and as Executrix, etc., Objector and Respondent.

Sac. No. 7151. Supreme Court of California. In Bank.

July 20, 1961. Stanley Mosk, Attorney General, and W. R. Augustine, Deputy Attorney General, for Petitioner and Appellant.

George L. Naylor for Objector and Respondent. [279]

WHITE, J.

The attorney general, in behalf of the State of California, appeals from a decree determining that Leah Selix, respondent herein, is the residuary legatee under the will of Peggy E. Karkeet, deceased, in a proceeding to determine heirship pursuant to section 1080 of the Probate Code.

Peggy E. Karkeet died testate in Tuolumne County, in October 1958 at the age of approximately 60 years.prior thereto decedent, who had no known kindred, instructed her landlord that Leah Selix, her friend, was to be notified in the event of her death. It appears that there was a very close family relationship between decedent's and Leah's families, their mothers having first become friends in 1905. Decedent and her mother had resided with Leah's family from time to time. Leah had known the decedent since 1920, and their friendship also "was a very close relationship."

After the decedent's death there was found on her dresser in her room, an envelope on which was typewritten Leah's name, address and telephone number. Also on the envelope, in decedent's handwriting, were the words: "In case of my death--Peggy." The envelope contained the original of the following holographic writing, which appears to have been the only testamentary document executed by the decedent:

"Sonora, Calif."

To Whom It May Concern

This is my authorization to Miss Leah Selix, 832 Green St., San Francisco, California, to act as executrix of all and any property and personal effects (and bank accounts) to act without bond or order of Court.