Nichols v. Williams

BARNARD, P. J.

This is an appeal from an order overruling objections to a petition for distribution, and from an order of distribution.

Leroy F. Williams died on March 14, 1950, leaving an holographic will dated January 18, 1950. This will consisted of one page and purported to dispose of all of his property in California, and in another clause of his property in New Mexico.

In due course, the executors filed a petition asking for a decree distributing $1,000 to G. G. Williams, and all other property in California to W. A. Williams. G. G. Williams filed objections, contending that all of the California property, except for $1,000, should be distributed to him or, as an alternative, that the California estate should be divided equally between them, except that an additional $1,000 should go to him. The court adopted the interpretation placed on the will by the executors and entered a decree distributing $1,000 to G. G. Williams, and the remainder of the California property to W. A: Williams. This appeal followed.

There was no conflict in the evidence. The matter was submitted upon the will itself, with a stipulation that the testator had received but a third grade education; that he was 65 years old when the will was executed; and that at that time G. G. Williams and W. A. Williams were his only living brothers.

The disputed portion of the will, and the only part which refers to the California property, reads as follows:

“I give devise and bequeath unto my beloved Brothers W a Williams, all my holdings in the state of Calif all dinonds and house furnishings included Whatsoever except $1000. cash to go to G. G. Williams my Brother”

The appellant contends that the quoted provision is divided into two sentences, and that three constructions are possible: (1) that the construction adopted by the court, giving all of

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the property to W. A. Williams, except for $1,000, can be reached only by ignoring punctuation, capitalization and sentence structure, and by ignoring or changing the word “Brothers”; (2) that upon a literal reading the only sentence in which W. A. Williams is mentioned is meaningless, and if that sentence is ignored the other sentence gives all of the property to 6. G. Williams, except for $1,000 in -cash; (3) that a proper construction would be to interpolate the words “and G. G. Williams” after the name “W. A. Williams” and join the two sentences by omitting the period, thus giving all of the property to “my beloved Brothers W. A. Williams and G. G. Williams . . . except $1000 cash to go to G. G. Williams my Brother.”