Estate of Stephenson

235 Cal.App.2d 326 (1965) Estate of HARRY ALEXANDER STEPHENSON, Deceased. ALYCE MAE SMITH, Claimant and Appellant,

v.

CLARICE E. DULIN MUSSER et al., Claimants and Respondents.

Civ. No. 28241. California Court of Appeals. Second Dist., Div. Two.

June 23, 1965. David N. Barry III for Claimant and Appellant.

Coit I. Hughes for Claimants and Respondents.

FLEMING, J.

[1a] Harry Stephenson died of a heart attack in 1961, leaving an estate of personal property, consisting mostly of securities, and a holographic document dated September 22, 1944, written on the flyleaf of a prayer book, reading:

"22 Sept. 1944--R.B. No time left--This could be it -- After 5 days (years) of action -- If necessary please return my Good Book and all possessions to my Aunt Alyce Mae Smith, 434 No. Hill Street, Los Angeles--12, California"

Harry A. Stephenson

XXX-XX-XXXXXXXX""

The trial court found this document to be a will, but also found that the will only disposed of the book and possessions [328] which decedent had with him overseas in 1944 and that he had died intestate with respect to his remaining property--which included everything of substantial value in his estate. Alyce Smith, the sole beneficiary under the will, has appealed from this construction.

The trial court considered the document ambiguous, and therefore admitted extrinsic evidence in order to determine its intent and meaning. Stephenson had written the document while overseas with the armed forces at a time when he owned little property. Alyce Smith, although not related by blood to Stephenson, was the person closest to him in life. Prior to Stephenson's entry into the Army in World War II he had lived with the Smiths for several years, and during this time they had supported him. Alyce Smith was named on his soldier's identification tags and in his soldier's pay record as the person to be notified in case of emergency, and she was the beneficiary of his National Service Life Insurance, the proceeds of which she received on his death. Following the end of World War II Stephenson resided continuously with Alyce Smith until his death in 1961. The stock certificates which comprised the principal assets of his estate, he kept in Alyce Smith's safe deposit box. The prayer book containing the holographic document was found in a wooden box located in his room at the foot of his bed.