Loescher v. Loescher

California Court of Appeal Jun 13, 1955 No. Civ. 4968Published

Before: Griffin

AI Brief

AI-generated · verify before citing

Holding. The court held that the probate court correctly ordered that debts, administration expenses, and family allowances be allocated proportionately between Trust Funds A and B, as the testator intended both funds to be treated as part of the residuary estate.

Issues

Did the testator intend for Trust Funds A and B to be on an equal basis regarding the payment of debts, expenses, and family allowance?
Are Trust Funds A and B part of the residuary gift and thus subject to the payment of estate obligations?

Disposition. affirmed

Quotations verified verbatim against the opinion

“Apparently, the scrivener of the will considered all of the property going into this trust as the residue of the estate. After declaring it to be the residue, he then proceeded to set up two separate funds from the proceeds of the residuary legacy.”

GRIFFIN, J.

Appellants Burt G. Loeseher and Jack Loescher through his guardian, sons of deceased E. F. Loescher by a former marriage, filed objections to the first and final account and petition for distribution of respondent Vesta F. Loeseher, executrix and widow of the deceased. This appeal is from the order approving the account and rejecting appellants’ objections relating to allocation of debts, expenses of administration, and payment of family allowance.

After several introductory paragraphs, deceased made a specific devise in his will in paragraph Third, of certain specified money and other property to his wife. He then, in paragraph Fourth, recommended that his wife permit her share of their community property to be disposed of under a trust later created therein, and provided that the specific bequests made in paragraph Third should not become a part of said trust. The widow elected that her share of the community property should not pass under the will. Under paragraph Fifth, it provides:

“I give, devise and bequeath the residue and remainder of my estate, both real and personal, and wherever situate, to my said wife, Vesta Frances Loescher, as trustee, in trust for the uses and purposes hereinafter set forth:

“(1) The trust estate shall be divided into two (2) Trust Funds: namely; ‘A’ and ‘B,’ which shall constitute separate trusts.

“Fund ‘A’ Shall Consist op :

“(a) My wife’s share of our community property, if she shall permit such share to pass under the provisions of this Will;”

(Subparagraphs b, c and d containing particularly described parcels of real property are omitted.)

[592]

“(e) Leasehold interest in Lots 12 and 13, Swanson Colony, in Section 21, Township 16 South, Range 21 East, M.D.B. & M., together with all trucks and farming equipment and all other property (except that specifically devised in Paragraph Third and by Trust Fund B of this my Last Will and Testament), whether real, personal or mixed, which I may own or to which I may be entitled at the time of my death.

“(2) Fund ‘B’ Shall-Consist op:

Loescher v. Loescher

AI Brief

GRIFFIN, J.

More from California Court of Appeal

Related research

AI Brief