Estate of Del Val

California Court of Appeal Apr 22, 1958 No. Civ. No. 22695Published

Before: Lillie

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Holding. The court held that the decedent's holographic will was an absolute, rather than conditional, testamentary instrument, as the phrase 'if there is anything happen to me tonight' expressed the testator's motive or inducement for writing the will rather than a condition precedent to its operation.

Issues

Whether the language 'if there is anything happen to me tonight' in a holographic will created a condition precedent that rendered the will inoperative upon the testator's survival of that night.
Whether the trial court's finding that the decedent did not intend the language to be a condition is supported by the evidence.

Disposition. affirmed

Quotations verified verbatim against the opinion

“In the interpretation of a will, ascertainment of the intention of the testator is the cardinal rule of construction to which all other rules must yield.”

“our courts will not regard a will as conditional when it reasonably can be held that the testator in using the language in question was merely expressing his motive or inducement to make the will.”

“We find the will to be absolute.”

159 Cal.App.2d 600 (1958) Estate of GREGORIO DEL VAL, Deceased. JUANA DEL VAL VDA de DAYRIT et al., Appellants,

B. V. DISON et al., Respondents.

Civ. No. 22695. California Court of Appeals. Second Dist., Div. One.

Apr. 22, 1958. Mitchel & Strange and James R. Biram for Appellants.

C. M. Castruccio, Harold W. Kennedy, County Counsel (Los Angeles), and James W. Goodman, Deputy County Counsel, for Respondents.

LILLIE, J.

On February 28, 1956, Gregorio Del Val died leaving a holographic will dated April 14, 1955, which was admitted to probate on April 11, 1956. E. A. Winstanley, public administrator, was appointed administrator with will annexed of the estate. Basilio and Victoria Dison, husband and wife, respondents herein, are the sole legatees under the instrument.

Juana del Val Vda de Dayrit, sister, Sixto Tanjuanguio and Honorio del Val, nephews, and Isabel Val Zapanta, niece of deceased, all residents and citizens of the Republic of the Philippines, filed a petition for revocation of probate of will. The contestants alleged therein that the document admitted to probate on April 11, 1956, is not a valid testamentary instrument in that it was a conditional will, the condition of which was never fulfilled, making the instrument inoperative and invalid as a will.

The matter was heard by the court sitting without a jury and after hearing all of the evidence the trial judge made, among others, the following finding of fact: "It was not the [603] intention of said deceased that the language in his said will 'if there is anything happen to me tonight ...' be a condition in his will."

On March 28, 1957, the court entered its judgment denying contestants' petition to revoke probate of will. It is from this judgment contestants appeal.

The following facts were submitted to the trial court by way of stipulation. The sole legatees and the respondents herein, Victoria and Basilio V. Dison, had known the deceased for a period of 41 years. They had many friends in common and he made frequent social visits to their home. For 10 years prior to his death decedent had had a heart condition. On April 14, 1955, the day before he went to the hospital, the deceased wrote in his own hand the following document:

Estate of Del Val

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LILLIE, J.

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