In Re Estate of Thompson

KNIGHT, J.

This appeal was taken from the decree of final distribution in the above-entitled estate, and involves the question of the construction of the provisions of the testator’s holographic will relating to the disposition of certain portions of the residue of the estate.

The testator, John Thompson, died January 1, 1916, and left surviving him as heirs at law two sisters, Henrietta and Emma Thompson; a half-brother, George Thompson; and numerous nieces and nephews. By his will he directed that his executors use whatever money and property was necessary for the support of his two sisters, * ‘ always providing liberally and well for Their needs and comfort”, and that upon the death of both sisters “all remaining property, if there be any, to be disposed of as follows. First One Thousand dollars, if there be that amount, and if not then as much as there may be, to be paid to the Trustees of the Odd Fellows Home, of the State of California. Said moneys to be used for building a Summer House, or suitable lounging or Resting place under the Oak Trees, on the Santa Clara Farm where the Home now is located.” Then, after bequeathing to his two sisters all personal property not other

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wise disposed of by his will, he gave his “past Masters Jewell” to his nephew, Thornton Thompson; a. writing desk to Fred Fillmore; and a “pitcher with Odd Fellow Emblems on it” to a Mrs. Harris. And continuing, the dispositive provisions of the will read: “The Remaining money if any there be, to be distributed as follows. Twenty per cent to my half Brother George Thompson. Ten per cent to my niece Francis. M. Merrill. . . . Ten per cent to my niece Annie Thompson Wife of George A. Thompson Ten per cent to be divided evenly between my nieces Cora and Marne Thompson. . . . Ten per cent to be divided evenly, between my nieces, Carrie and Emma [Berry]. . . . Ten per cent to be divided evenly between my nephews, Cranch and Vernon Thompson. Ten per cent to my niece Jane Thompson. . . . Ten per cent to . . . Henry Schwerin. Ten per cent to my two Executors Frederick Fillmore and John Hazlett share and share alike if there should be any Residue,

in ease of death of any heirs, the Residue to be paid to the Trustees of the Odd Fellows Some.

... It is understood that my two Sisters Henrietta and Emma Thompson are to have the full benefit of all my possessions during their life, as before provided, and only after their death, is the estate to be distributed. I have a number of other Relatives, who are not mentioned in this will. To all of whom I am Friendly, and to all of whom I leave my Good Will.” (Italics ours.)