Estate of Boyle

California Court of Appeal Nov 15, 1934 No. Civ. 9612Published

Before: Spence

AI Brief

AI-generated · verify before citing

Holding. The court held that the term "money" in a will, when used in its ordinary and grammatical sense, does not include corporate stocks, and therefore such stocks should be distributed under a residuary clause for "personal property" rather than a bequest of "money."

Issues

Whether the term "money" in a holographic will includes corporate stocks.
Whether the trial court erred in distributing corporate stocks under a bequest of "money" rather than a residuary clause for "personal property."

Disposition. reversed

Quotations verified verbatim against the opinion

“There is no doubt that the word “money” when taken in its ordinary and grammatical sense does not include corporate stocks.”

“It follows that the corporate stocks should not have been distributed under paragraph three of the will but should have' been distributed to appellant under paragraph four of the will.”

SPENCE, J.

This is an appeal by Ellen Gheen, the administratrix with the will annexed of the estate of Isabelle G. Boyle, deceased, and one of the legatees under the will of said deceased, from certain portions of the decree of final distribution.

Isabelle G. Boyle died testate on December 13, 1932, leaving a holographic will dated May 9, 1928, the main provisions of which will were as follows:

“I give to my sister-in-law Rachel Boyle my diamond pin and my watch in remembrance of her kindness to my Mother while she lived and to me after her death.

“I give to Sacred Heart Church $200.00 for Masses for the deceased members of my family.

“All other money

I may die possessed of after all my bills are paid, I wish divided in six (6) equal parts—1 part for Rachel Boyle—1 part Mary Boyle—(my sisters in law 1 part for the children of my deceased Brother Edward Boyle—1 part for Annie Wilkinson—1 part for my sister Ellen Gheen 1 part for my God-child Eleanor Wilkinson.

“I give to my sister Ellen F. Gheen the deeds of the grave in Holy Cross cemetary with the use of the grave not yet opened (all others having been disposed

of—also all my personal property not all ready disposed of.

“I give to my friend Mrs. E. Burke of 308 Waller St. (for her kindness to me) $400.00.” (Italics ours.)

Upon the hearing of the final account the trial court found that the following constituted the estate subject to distribution: Money in bank, $1127.72; diamond pin, appraised at $50; watch, appraised at “no value”; and cor

[236]

porate stocks, appraised at $6,122. In the decree of final distribution the trial court concluded “that the words ‘all other money I may die possessed of after all my bills are paid’, include and were intended by said testatrix to include not only the moneys in bank, but also the corporation stock left by her at the time of her death”. The trial court accordingly distributed the stock under the third paragraph of the will relating to “all other money” and not under the fourth paragraph of the will relating to “all my personal property not all ready disposed of”. This appeal is taken from those portions of the decree which so distribute the said stock.

Estate of Boyle

AI Brief

SPENCE, J.

More from California Court of Appeal

Related research

AI Brief