Rakoczy v. Fresno County Humane Society

MUSSELL,

J.—

Z. S. Leymel died May 9, 1947. He had executed a will on April 25, 1947. The will was admitted to probate and letters testamentary were issued to Marie Holdridge, executrix, on May 27, 1947. The decedent was survived by a sister, Anna Rakoezy, and three nephews, Ralph Rakoezy, Harold Rakoezy and Charles Beckwith, who are the only known living heirs at law of the decedent and are the appellants here.

Under the third paragraph of the will a life estate in certain real and personal property was given to said Marie Holdridge, with the remainder over to the Fresno County Humane Society, a charitable institution, provided, however, that if the Fresno County Humane Society was not in existence at the death of said Marie Holdridge, the remainder over would not lapse but would pass to Fresno State College. Under the fourth paragraph, certain specific bequests of personal property were made to the Fresno County Humane Society and to the Fresno County Library. In the sixth paragraph a life estate in certain real property was granted to Marie Holdridge with the remainder over to Homer Blevins Chapter No. 1 of the Disabled American Veterans. Under the seventh paragraph, Marie Holdridge received 60 per cent of certain specific personal property. Specific gifts of a 10 per cent interest in said property for each of testator’s heirs were made to testator’s sister, Anna Rakoezy, his nephew, Ralf Rakoezy, and his nephew, Charles Beckwith, with the further provision that if said Anna Rakoezy should predecease the testator, her gift would pass to Marie Holdridge. The tenth paragraph of the will reads as follows: “All the rest, residue and re

[780]

mainder of my property I hereby give, devise and bequeath to Marie Holdridge. ’ ’

The appellants filed a petition for construction of the will and to determine heirship. Marie Holdridge died on the 26th day of November, 1949, before completion of the administration of the estate and letters of administration were issued to the public administrator of Fresno County.

On. March 20, 1950, the trial court made its order that the gifts, devises and bequests contained in paragraphs numbered third, fourth and sixth of the will are valid and legal and that in the distribution of said estate, said devisees and legatees are entitled to the respective portions in said paragraphs set forth.