Mallon v. Mary Knoll Missionary Society

[108]

BARNARD, P. J.

This is an appeal from an order construing a will and directing the disposition of the property of the estate.

The deceased left a holographic will reading as follows :

“835 B Ave.,

“Coronado, California “June 8th, 1934

“Being of sound and disposing mind, I hereby make, execute and sign, all in my own handwriting, my last will and testament. I give and bequeath to my sister, Mary A. Mallon, residing at this date at 835 B Ave., Coronado, California, all my real and personal property in trust, during her life and I select the Bank of America, Corporation of California, to act as her trustee. To this corporation I give right and authority to sell my real estate, to provide thereby for her sounder and safer income. Mrs. Mary L. Barrett, 835 B Ave., Coronado, California, will be cared and provided for by my sister, during her (my sister’s life). At the death of Mary A. Mallon, my sister, I give and bequeath to Mary L. Barrett, if living, one fourth of the estate. To Mrs. Margaret Mallon Leahy, 33 Water Street, Stonington, Connecticut, I give and bequeath one fourth of the estate. I give and bequeath to Joseph C. Mallon, 2900 M Street, N. W., Washington, D. C., one fourth of the estate.

“To St. Mary’s Seminary President and Faculty, Roland Park Ave., Baltimore, Md., I give and bequeath one-eighth of the estate. To The Sisters of Bon Secours, Yuma St., Washington, D. C., I give and bequeath the remaining eighth of the estate.

“I hereby appoint my sister, Mary A. Mallon, 835 B Ave., Coronado, Calif., executrix of my will, to act without bonds.

“Witness my hand and seal this the 8th day of June, 1934.

“ (s) Joseph C. Mallon.”

He left another instrument entirely in his own handwriting, which reads:

“835 B Ave.,

“Coronado, Calif.

“July 1, 1936