Estate of Kaseroff

19 Cal.3d 272 (1977) 562 P.2d 325 137 Cal. Rptr. 644 Estate of JACK KASEROFF, Deceased.

MARION E. KYSAR, Petitioner and Appellant,

v.

JAMES D. PETTERSON, as Administrator, etc., Petitioner and Respondent.

Docket No. L.A. 30670. Supreme Court of California.

April 11, 1977. [274] COUNSEL

Cate & Will and Clifford C. Cate for Petitioner and Appellant.

Eagleton & Petterson and Kelsey Petterson for Petitioner and Respondent.

OPINION

CLARK, J.

This is an appeal from an order granting letters of administration with will annexed to the nominee of testator's spouse. Appellant is the nominee of testator's children.

Testator executed a holographic will. The will leaves virtually all of testator's property to his children and sisters. The relevant portion of the will provides: "[testator's wife] is to receive one dollar only ($1 no/100). Nothing else. She left me and my house on Feb. 10, 1965. Took all her possessions and all her furniture. I have paid her in cash for her share of the Carolina property. Total amount paid in 3 years time $3,000 no/100. Three Thousand Dollars. I have a receipt from [testator's wife] stating Paid in Full to date. Paid in Providence, Rhode Island. July 1962. She ... has no claim of any kind against any of the property. Mr. J.G. Robertson has all of the details concerning [testator's wife]. Do not pay her anything. She stole enough money from me during the time I was at sea working." (Italics in original.)

The will did not provide for an executor. In 1973, an administrator with the will annexed was appointed without opposition. When the appointed administrator died, testator's spouse and children filed separate petitions for letters of administration seeking to nominate respondent and appellant respectively. The probate court granted letters of administration to respondent, testator's wife's nominee, imposing the requirement of a bond in the amount of $24,000.