Shuburgh v. Spence

McCOMB, J.

This is an appeal from an order of the Superior Court of Los Angeles County, sitting in probate, construing certain provisions of the last will and testament of Newton E. Spence, deceased.

The essential facts are:

Newton E. Spence died testate on September 11, 1941, leaving as an heir at law his brother John F. Spence, appellant herein.

[924]

So far as essential here, decedent’s will read thus:

“First

“I declare that I was never married and therefore I have no children, and that my mother and father are both dead. I have one brother, John F. Spence, at or near Elizabeth City, North Carolina.

“Fifth

“I declare that I do not want anyone to take any of my estate except as in this last will and testament provided.

‘ ‘ Sixth

“I give and bequeath unto my brother, John F. Spence, the sum of One Dollar ($1.00) and no more, and if he become deceased before receiving said sum of one dollar from my estate leaving child or children, then I do not desire that his children take anything from my estate.

“Seven'th

“After all my debts and costs of administration have been first paid, I direct that my estate be divided into two equal portions:

“One equal portion thereof, I give, devise and bequeath in manner following:

“One-half (%) thereof to George Shuburgh, a friend of mine, and a great friend of my beloved friend, Harree Sollenberger, and my friends, Mr. and Mrs. C. B. Budge, who were great friends of my beloved friend, Harree Sollenberger. They are now assisting me at 326 East Tenth Street, Long Beach, California.

“The other equal portion or one-half of my estate shall be divided as follows: and which shall be divided in equal shares ’ and distributed to the following:

“1. Mrs. McDonald, Bellflower, California. . . . (etc., listing a total of eight beneficiaries.)”