Friedrichs v. Friedrichs

WARD, J., pro tem.

This is an appeal by the residuary legatee, Elisabetha K. Friedrichs, the widow of the deceased, John Henry Friedrichs, from certain portions of a decree of partial distribution in favor of a specific legatee, the respondent Henry B. Friedrichs, stepson of the deceased. The provisions of the decedent's will which are involved in the present controversy read as follows: 11 Second,—To my said stepson, Henry B. Friedrichs, I will, devise and bequeath a life estate in and to an undivided one-half interest in the business now owned and conducted by me in San Francisco, California, with remainder over to his said daughter, Marie W. Friedrichs; that is to say, after my death, and during Ms lifetime, said Henry B. Friedrichs

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is to own an undivided one-half interest in said business, and, upon his death, said undivided one-half interest in said business is to go to and become the property of his said daughter, Marie W. Friedrichs; Third,—To my wife, Elisabetha K. Friedrichs, I will, devise and bequeath all the rest, residue and remainder of my estate of whatsoever character and wheresoever situate, of which I may die seized or possessed, including the other undivided one-half interest in my said business, and also all real and personal property; all money in bank, and all stocks, bonds, notes, mortgages, trust deeds, and other evidences of indebtedness.” The estate consisted of a factory site, promissory notes, Liberty bonds, cash on hand in the factory, money in banks, machinery, supplies, stock and accounts receivable. Both appellant and respondent concede that the devise and bequest of the “business” includes all of the machinery, tools, stock and cash on hand in the factory. The court found “that at the time of the death of said decedent and for many years prior thereto, he had owned and conducted a furniture business in San Francisco, and that the terms ‘the business now owned and conducted by me in San Francisco, California,’ were used by said decedent in his last will as referring to all of the property used by him in the operation of said business, including the real property upon which such business was conducted, the personal property located in the buildings thereon, the stock on hand, accounts receivable, cash on hand, and the commercial account, all used in connection with said business,” and thereupon decreed to the respondent in addition to the items conceded, the real property, accounts receivable, and money in the Bank of California.