Estate of Conway

California Court of Appeal Jun 27, 1958 No. Civ. No. 22961Published

Before: Fourt

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Holding. The court held that the description of 'Lot 19' in the decedent's holographic will was sufficiently ambiguous to require the admission of extrinsic evidence to determine the testator's intent regarding the disposition of the real property.

Issues

Whether the trial court erred in excluding extrinsic evidence to interpret the devise of 'Lot 19' in a holographic will.
Whether the term 'Lot 19' in the will was free from ambiguity such that extrinsic evidence was inadmissible.

Disposition. reversed

Quotations verified verbatim against the opinion

“The proffered extrinsic evidence could have a substantial effect upon the meaning intended by the decedent, and in our opinion, it should have been admitted.”

161 Cal.App.2d 704 (1958) Estate of JOHN CONWAY, Deceased. HENRY I. DOCKWEILER, as Administrator, etc., Appellant,

THE SALVATION ARMY (a Nonprofit Corporation) et al., Respondents.

Civ. No. 22961. California Court of Appeals. Second Dist., Div. One.

June 27, 1958. Dockweiler & Dockweiler for Appellant.

Meserve, Mumper & Hughes, Robert A. Stewart, Jr., Cromwell Warner, Jr., and Snyder, O'Neil & Hancock for Respondents.

FOURT, J.

This is an appeal from a decree of the probate court determining the persons entitled to distribution of certain real property in the estate of John Conway, deceased.

The decedent, John Conway, died at the age of 78 years on June 11, 1952, leaving a holographic will executed approximately two weeks prior to his death. Said holographic will was admitted to probate, and its provisions are set forth in their entirety, as follows:

"May 28th-1952"

"I will my lot 16 on Spence St L. A to Annie Burke Connors and all their on, 581 East 140 st Bronx New York to William Burke Bronx New York, I will lot 19 and all their on. [706]"

"Too Margaret Burke Ellicott Bronx New York,"

I will $1000-00

I will 1000-00 to Kathlen Smith

80 Alghney st Buffalo N. York,

To Resurection School opal & Lorena

$1000-00, To Resurrection Church I will

1000-00 for masses for myself "to Mark K. Conway sister in law"

I will nothing for her aful treatment of my brother in his last illness,

Got in security first nat bank $7600-00

Bank america Whtt & Spence 9000.00 at Lincoln Mortgage & Loan 6 & Spring 8300-00, what ever money is left after all

Estate of Conway

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FOURT, J.

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