Eaton v. San Diego Tuberculosis Ass'n

California Court of Appeal Mar 19, 1940 No. Civ. 2373Published

Before: Barnard

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Holding. The court held that the term 'personal property' in the decedent's holographic will was intended to refer only to personal effects, rather than the broader legal definition of personal property, to maintain the consistency of the testatrix's overall testamentary scheme.

Issues

Whether the term 'personal property' in a holographic will should be interpreted in its broad legal sense or in the limited sense of personal effects.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The trial court was justified in interpreting the disputed clause of this will as giving to Mrs. Eaton only the personal effects of the testatrix”

“The technical import of words should not prevail over the obvious intent of the testator.”

“It is generally recognized that a testamentary instrument is to be examined with a view to discovering the decedent’s testamentary scheme or general intention”

BARNARD, P. J.

This is an appeal from a decree determining that the appellant was entitled, on distribution, to receive only the personal effects of the deceased and that the respondent was entitled to all other property left by her.

The question presented in the trial court and upon this appeal is as to the proper interpretation of the next to the last paragraph of an holographic will left by the deceased, which reads as follows:

“My Last Will and Testament.

“I wish to be cremated, (ashes

not

to be sent East) All my property to be sold. After all expenses paid. If anything left to go to Rest Haven-Home for Children, in San Diego-California.

“Deeds & Contracts of property, consisting of lots in San Diego-California and vicinity in my box at Bank of America, Broadway & Sixth Sts. San Diego-California.

“Harbison Canon-lot 12-block G.

“Sunset Cliffs-lot-19-block 8.

“Crown Point-lots-81 and 287.

“Lost

Avocado lot at Encinitas-California to Ed Fletcher-June 1931.

[71]

“In my box, San Diego California.

“One

share in Commonwealth Edison Company #320962, Chicago-Illinois.

“Money in Savings Dept, of First National Bank-San Diego. Bay City Loan Association, San Diego, California.

“First State Bank-South Haven-Michigan.

“My personal property to be given to Mrs. Fred Eaton 4135 Ibis St. San Diego-California, for her to distribute.

“I have appointed Mr. Fred Eaton-4135 Ibis St. San Diego,-California-as my executor, without bonds.

Eaton v. San Diego Tuberculosis Ass'n

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BARNARD, P. J.

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