Estate of Glow

SHINN, P. J.

This is an appeal from a decree determining interests in an estate. The decedent, Mrs. Lillian Glow (née Broude), died on December 25, 1959. Her husband, Fred Glow, predeceased her on or about July 2, 1958. There was no issue of their marriage and Lillian Glow never remarried after the death of Fred Glow. As of the date of her death, neither Lillian nor Fred Glow had left any surviving spouse, issue, or parent. On March 22, 1960, Lillian’s will, as obliterated (see below), was admitted to probate. On December 2, 1960, appellant Louis Glow, a brother of the decedent’s predeceased husband, filed a petition to determine heirship alleging, in substance, that the will was nondispositive, that decedent’s estate was either community property of Lillian and Fred or the separate property of Fred to which Lillian succeeded upon his death and should, therefore, pass by intestate succession, and that he should share therein by virtue of sections 228 and 229 of the Probate Code to the extent that either or both were applicable.

[615]

The holographic will, as altered by obliteration, was admitted to probate and reads;

“Wednesday

10 AM

I, Lillian Glow,

my last will, If

I pass on before

4PM to-day July 2

(24 hours after my husband)

wish all my cash

and holdings to be

placed in ‘Broude

Trust

Fund—(the balance

my husbands share to be

given to his family.)

Lillian Glow “PS 7/4/58

At the reading of the will he took care of his family Everything goes to the Broude Trust Fund My brothers and sisters as executors except my sister Sophie—