Estate of Marin

California Court of Appeal May 9, 1945 No. Civ. No. 14771Published

Before: Wood (W. J.)

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Holding. The court held that the term "personal property" in the decedent's will, when read in the context of the specific items enumerated, did not include the war bonds found in the residence, and thus those bonds passed to the residuary estate.

Issues

Whether the term "personal property" in the decedent's will included war bonds found in the residence.
Whether the trial court's interpretation of the will was reasonable and consistent with the decedent's intent.

Disposition. affirmed

Quotations verified verbatim against the opinion

“It is well established that where the construction given to an instrument by a trial court is reasonable and appears to be consistent with the intention of the party making it, appellate courts will not substitute another interpretation”

“A gift of personal property in general terms together with an enumeration of certain classes of personal property is generally held to be limited to articles of the classes which are enumerated specifically.”

69 Cal.App.2d 147 (1945) Estate of CARRIE W. MARIN, Deceased. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), as Executor, etc., Respondent,

DAVID ROBERT ROBBINS, M. D., Appellant.

Civ. No. 14771. California Court of Appeals. Second Dist., Div. Two.

May 9, 1945. Hazard & Reina for Appellant.

James E. Collins and Harold F. Collins for Respondent.

WOOD (W. J.), J.

David Robert Robbins has appealed from an order of the probate court by which he was denied distribution of United States War Bonds of the value of $12,000, and by which the will of Carrie W. Marin was given the interpretation that these bonds became a part of the residue of the estate.

Carrie W. Marin died on September 4, 1943, leaving her last will dated August 16, 1943. The will had been prepared by James E. Collins, an attorney at law, and was attested by witnesses.

The twelfth and thirteenth articles of the will provide as follows:

"Twelfth: I give, devise and bequeath to David Robert Robbins, M. D., whose office is in Room 618, Brockman Building, Los Angeles, the real property, and the residence situated thereon, located at and known by the street number as 2643 Hillcrest Drive, Los Angeles, California."

"The said real property and the house thereon are, and constitute my residence."

"Thirteenth: In addition to the above devise and legacy, I also give, devise and bequeath to said Dr. David Robert Robbins all the personal property, household furniture, furnishings, bric-a-brac ornaments and equipment of whatsoever nature or description which may be located in, upon or about said residence or real property at the time of my death. The above devise and bequests are made by me because of my great appreciation of Dr. David Robert Robbins' continued and devoted kindness to me and my husband."

Before her death decedent had been a patient of appellant, a physician and surgeon, for approximately fifteen years. Decedent's husband, Morris Marin, who predeceased her by six or seven years, had also been a patient of appellant. No children were born of the marriage of decedent and her husband. The residuary legatees and beneficiaries, Hattie Marin and Herman Marin, are the daughter and son, respectively, of decedent's husband by a former marriage.

Estate of Marin

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WOOD (W. J.), J.

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