Wierzbicky v. Wierzbicky

DOOLING, J. pro tem.

The appellants herein are the surviving sons, and the respondents the surviving daughters, of Theodore Wierzbicky, deceased. The appeal involves the proper construction of the holographic will of the decedent. The dispositive portion of the will is sufficiently brief to justify our quoting it in full. It reads:

“I leave to my daughters Katherine and Annie Wierzbicky share and share alike my share of house and lot situated at 1462 Stannage Avenue, Berkeley, California and Union Oil Provident Insurance.

“To my sons John and Paul Wierzbicky monies in two banks and Post Office share and share alike after all expenses have been paid. ’ ’

The question of the proper construction of the language “Union Oil Provident Insurance” as used by the testator is here presented. This question was submitted to the probate court on an agreed statement of facts, from which the following appears: At the time the will was executed, July 28, 1941, the testator was a retired employee of Union Oil Company of California. He was a beneficiary of a pension or retirement system established by that company which had formerly been known as “Union Oil Provident Fund” and was later denominated “Pension Maintenance Trust.” He was entitled to receive therefrom $25.25 per month and any balance remaining in the fund at his death was to go to designated beneficiaries in accordance with the rules and regulations established for the fund. His life was also insured for a total amount of $5,000 under a group insurance policy issued by the Equitable Life Assurance Society to Union Oil Company of California.

[692]

In order to secure greater monthly payments from the Union Oil Provident Fund than the $25.25 authorized by its rules and regulations the testator on August 16, 1937, assigned to the trustees of the fund, as security for the repayment to the fund of such additional payments, his certificates of insurance under the group life insurance policy. After the testator’s death the trustees deducted from the proceeds of this insurance the amount due the fund for such advances and paid the balance amounting to $4,048 into the testator’s estate.

The balance due from the so-called Provident Fund is approximately $3,400. It is the subject of a pending action for declaratory relief to determine whether it should be disposed of in accordance with the rules and regulations or paid to the estate to be therein distributed under the will, and for this reason the probate court reserved any disposition of this money. The probate court determined that the proceeds of the group life insurance policy issued to Union Oil Company was bequeathed to the daughters of the testator and ordered distribution accordingly, and it is this portion of the decree that is here under attack.