Estate of Calori

209 Cal.App.2d 711 (1962) Estate of MARY ELLEN CALORI, Deceased. BANK OF AMERICA, Petitioner and Respondent,

v.

WILLISTINE DENHAM, Objector and Appellant.

Civ. No. 20098. California Court of Appeals. First Dist., Div. Three.

Nov. 19, 1962. Walter H. Medak and Marvin S. Kayne for Objector and Appellant.

William A. Breen and Daniel H. Dibert for Petitioner and Respondent.

DRAPER, P. J.

The probate court determined that a specific bequest to appellant had been adeemed, and entered decree of final distribution accordingly.

The will, drawn by an attorney, was executed April 3, 1959. It bequeathed to appellant, the wife of testatrix' grandnephew, "the Navarra promissory note on 224 Excelsior Avenue, [712] San Francisco." Other bequests, including one of $200 to appellant's husband, were made. The residue was left, in equal shares, to nine nieces and nephews.

Appellant and her husband had added a bedroom and bath to their home to accommodate testatrix, who moved there a few days after executing her will. She continued to reside there, paying $75 per month, until her death November 22, 1959. Appellant cared for testatrix, who was 80 years old and was confined to her bed for much of the time. Appellant had no knowledge of the bequest to her until testatrix' death, and there is no suggestion of any agreement to compensate appellant by testamentary provision.

Early in October, testatrix was driven to the office of a title company, where she signed some papers. On October 7, she was driven to her bank, where she deposited $3,180, which is stipulated to be the proceeds of the Navarra note. It appears that the Excelsior Avenue property had been sold, and that the note to testatrix, secured by the property, was paid as part of that transaction.

There is no evidence as to the terms of the Navarra note. We do not know whether it called for payment in installments or in a lump sum. We do not know whether the consent of testatrix to its payment in full was required or given. Nor, despite the contrary statement in appellant's brief, is there any evidence to show deposits in and withdrawals from testatrix' bank account after deposit of the proceeds of the Navarra note.