Challman v. Challman

WHITE, P. J.

This action comes up on appeal by George M. Challman, Jr., the adopted son and beneficiary under the will of George M. Challman, Sr., who died March 20, 1951, from the “Decree Determining Interest in Estate,” dated and filed May 11, 1953, and entered May 25, 1953, as follows:

“That Helen M. Challman, as surviving spouse, was not provided for in the last will of George M. Challman, Sr., Deceased, nor was she mentioned therein in such way as to show an intention not to provide for her.

“That pursuant to the provisions of Probate Code Section 70, the will and codicil of deceased are revoked as to Helen M. Challman, and she is entitled to receive as her share of the estate the same amount as if the decedent had died intestate.

“That pursuant to the provisions of Probate Code Section 221, Helen M. Challman, the surviving spouse, is entitled to receive one-half of the estate available for distribution, and that George M. Challman, Jr., is entitled to the balance of the estate available for distribution, after payment therefrom of any specific bequests provided by the will.”

The will which has caused the present litigation was pre

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pared by typewriting on a printed form. It was dated, signed and witnessed June 2, 1948. It contained a specific bequest of $250 to Miss Helen Bollinger, who is a niece of decedent’s former wife. On December 10, 1949, testator married Miss Helen Bollinger. On November 1, 1950, he attempted to change his will, by deleting the specific bequest to Miss Bollinger and inserting “Hellen M. Challman, Wife,” in his own handwriting after the name of George M. Challman, Jr., in the residuary clause. On the same day, on the last page of said will form, testator wrote and signed the following: “11-1-1950 Helen M. Challman should have the following deducted from estate 1 Bed room set and Gas stove rear house $100.00 Front house Bed room set $100.00 Refrigerator $75.00 Back bed room Carpenter and Plumber $344.40. George M. Challman, Sr.”

On July 6, 1951, the probate court made its order admitting said will to probate and appointing Helen M. Challman as administratrix with the will annexed. Said order reads in part as follows: “. . . that the document heretofore filed, dated June 2, 1948, excluding the handwritten additions and the stricken provisions ... is hereby admitted to probate as the last will of said deceased; that the holographic document dated November 1, 1950 is hereby admitted to probate as a codicil to the last will. . . .