Estate of Bateman

California Court of Appeal Jul 23, 1962 No. Civ. No. 26001Published

Before: Ashburn

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Holding. The court held that the testator's will, when read as a whole, manifested a clear intent to dispose of his entire estate to the respondent and to disinherit his heirs, thereby precluding partial intestacy regarding property formerly held in joint tenancy.

Issues

Whether the testator intended for property formerly held in joint tenancy to pass by intestacy rather than under the residuary clause of his will.
Whether the testator's expressed intent to disinherit his heirs should prevail over a technical interpretation of the will's language regarding joint tenancy property.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Constructions which lead to intestacy, total or partial, are not favored; and that such interpretation should, if possible, be placed upon the provisions of the will as will prevent intestacy”

“The letter of the testament should be subordinated to the plainly expressed intention that none of testator's property should go to appellants and that respondent should take all of it.”

205 Cal.App.2d 792 (1962) Estate of A. J. BATEMAN, Deceased. JOAN SCHUSTER, Individually and as Guardian, etc., et al., Petitioners and Appellants,

GRIFFITH HALL REMELIN, Objector and Respondent.

Civ. No. 26001. California Court of Appeals. Second Dist., Div. Two.

July 23, 1962. Baird, Mooney & Baird and C. Duane Mooney for Petitioners and Appellants.

Bear, Ruby & Greber and Forest Greber for Objector and Respondent. [794]

ASHBURN, J.

Appellants Joan Schuster and Larry Bateman Henton are niece and nephew of decedent Albert J. Bateman. By petition to determine heirship a ruling was sought to the effect that they as sole heirs of decedent were entitled to distribution as intestate property of that part of the estate referred to in decedent's will as "property held of record in joint tenancy" with his wife. Mrs. Bateman died on October 12, 1960, and the husband, Albert J. Bateman, on October 25, 1960, 13 days later. Although title to joint property had vested in him by survivorship Mr. Bateman prior to his death had not had the record changed to show the fact of his sole ownership and from this circumstance arises appellants' claim. From an adverse decision declaring respondent Griffith Hall Remelin (son of Mrs. Bateman by a former marriage) entitled to succeed to all property of decedent this appeal is taken.

The pertinent portions of the will read as follows: "Second: My only legal heir is my wife, Margaret H. Bateman. I have no children, no deceased children or issue of any deceased children. Third: All the property which stands in the name of myself and my wife, other than property held of record in joint tenancy, if any, is our community property. It is my intention to dispose of all of my property, except any held of record in joint tenancy, and to exercise any testamentary power of appointment I may own at my death. Fourth: I hereby give, devise and bequeath all of my estate, real, personal and mixed and wheresoever situated unto my wife, Margaret H. Bateman. Fifth: In the event my wife predeceases me or does not survive an order of distribution of my estate, then I hereby give, devise and bequeath my estate, real, personal and mixed and wheresoever situated unto Griffith Hall Remelin, the son of my wife, by a former marriage, an adult, presently residing in Garden Grove, California, upon the principle of representation. Sixth: Except as otherwise provided for in this Will, I have intentionally and with full knowledge, omitted to provide for my heirs. If any devisee, legatee or beneficiary under this Will shall contest it or any of its parts or provisions, any share or interest given to that person shall be revoked and augment proportionately the shares of such of the beneficiaries hereunder as shall not have joined or participated in said contest."

Estate of Bateman

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ASHBURN, J.

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