Hartman v. Friesner

YORK, J.

—Pursuant to the provisions of section 1080 of the Probate Code, appellant, who is the administrator with the will annexed of the estate of Marian Post Hartman, deceased, petitioned the court as an heir at law and as a devisee and legatee under the last will of said deceased, for an order determining the interest or heirship of respondent in the property of said estate. Respondent filed her written statement setting forth her claim under the will of decedent. Prom a decree adjudging appellant entitled to an automobile and certain household effects, together with a life estate in income from personal property, and adjudging respondent to be entitled to a piano and to the

corpus

of the personal property upon termination of the life estate of appellant, this appeal is prosecuted.

The bill of exceptions contains a stipulated statement of facts, to the effect (after setting out the jurisdictional facts) that decedent died on January 8, 1934, leaving

community

personal propertji consisting of one Studebaker automobile and certain household furniture; and leaving certain

separate

personal property consisting of one Steinway piano, 170 shares of the common stock of the Eastman Kodak Company and $472.42, the proceeds from the sale of shares of stock in the same company, which had been sold prior to the death

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of testatrix but had not been paid for until after her death; also a dividend from the 170 shares of said stock amounting to $127.50; that since the inventory was filed 20 shares of said stock had been sold by order of court to pay the expenses of administration of said estate; that all of the real property was held by deceased and her husband, William P. Hartman, the appellant herein, as joint tenants; that deceased left surviving her several brothers and sisters, to each of whom she left the sum of $1; the respondent herein, and the appellant; that decedent left a will executed and subscribed by two witnesses, one of whom was Samuel Robert Friesner, husband of respondent; that respondent was named in the will as executrix thereof, as well as a beneficiary thereunder.