Lewis v. Gunther

MoCOMB, J.

This appeal by the widow- of Marion A. Lewis, deceased, has been transferred by the Supreme Court to this court for decision pursuant to the provisions of article VI, section 4, of the Constitution of the state of California. It is from the portion of a decree of distribution declaring a trust in certain real property hereinafter described after trial before the court without a jury.

[173]

The essential facts are:

In. July, 1936, Marion A. Lewis married Mary Anna White, now Mary Anna Lewis, appellant. On November 17, 1936, Mr. Lewis died leaving a last will and testament which he had duly executed April 31, 1936, reading in part thus:

“I give, devise, and bequeath unto my beloved stepdaughter, Flossie Gunther, one half of my real estate property, which description is as follows: North 4 foot of Lot Section 158, Lot Section 159, Tract 2635 as per Book 64, Page 28 of Maps, Records of Los Angeles County, California; also known as 444 North Norton Avenue, Los Angeles, California.

“I give, devise, and bequeath unto my beloved grandchildren, Donovan Lewis, Paul Lewis, Jr., Marion Lewis, and Pauline Thelma Lewis, the children of my son, Paul H. Lewis, one half of my real estate property, which description is as follows: North 4 foot of Lot Section 158, Lot Section 159, Tract 2635 as per Book 64, Page 28 of Maps, Records of Los Angeles County, California; also known as 444 North Norton Avenue, Los Angeles, California.

“I give, devise, and bequeath to my prospective wife, Mary Anna White, if she is my widow at the time of my decease, all the money in bank of joint account and all the income of my real estate described above until either she marries or until her decease. After, either her marriage, or decease then the said property as described above should be divided equally between my beloved step-daughter, Flossie Gunther and my beloved grandchildren as written above.”

The real property described in the will is also known as the “Lewis Apartments”.

December 16, 1,937, the probate department of the Superior Court of Los Angeles County entered a decree of distribution reading in part thus:

“IT IS HEREBY ORDERED, ADJUDGED, AND DECREED ;