Estate of Meininger

237 Cal.App.2d 102 (1965) Estate of EMMA M. MEININGER, Deceased. W. M. SHARP et al., Claimants and Appellants,

v.

AMERICAN HEART ASSOCIATION et al., Claimants and Respondents.

Civ. No. 11061. California Court of Appeals. Third Dist.

Sept. 17, 1965. Griswold & Barrett, Stephen P. Galvin, Hugh H. Griswold and Ira M. Shadwell for Claimants and Appellants.

Carr & Kennedy, Lloyd E. Greybiel, Long & Levit and L. C. Smith for Claimants and Respondents.

VAN DYKE, J. [fn. *]

This is an appeal by all the heirs at law of Emma M. Meininger, deceased, from a portion of a decree in a proceeding to determine heirship. The trial court construed decedent's will and, having concluded that it contained an operative general residuary clause, decreed that appellants take nothing as heirs. The appeal presents no factual issues. No evidence was received. (See Parsons v. Bristol Development Co., 62 Cal.2d 861, 865-866 [44 Cal.Rptr. 767, 402 P.2d 839], for a recent statement of the rules of interpretation in such a case.)

[1a] The will contains 15 numbered articles. The first article directs payment of debts and requests a simple funeral and cremation. The second states that Amos Meininger is her husband and that the testatrix has no living issue of that or any previous marriage. The third states that she owns considerable separate property and states because of that it is her "express intention" that the following general disposition of her "property be made" in the event she predeceases her husband. She then states this "general testamentary plan" to be that all property in the name of Amos, all property in the names of both, and all joint tenancy property shall go to Amos; that all property in her name alone be placed in trust for the benefit of Amos during his life "except as hereinafter provided," and that all property in her name and in that of any person other than Amos go to such person. Article fourth appoints Amos to act as executor and in the alternative, if Amos predeceases her, she appoints Milfred Gribble. By article fifth she gives to Amos all property not standing in her name alone and not standing in her name and in the name of some person other than Amos, and as to property standing in her name and in the name of another, such property to such person. She gives to a named trustee all property standing in her name alone, the income therefrom to be disbursed to Amos during his lifetime. (The corpus is not specifically disposed of in article fifth.) She then excepts from the trust and gives to Grover and Louise