McKenzie v. McLean

LANGDON, P. J.

This is an appeal from a decree of final distribution. The respondent John R. McLean' was the executor of the last will and testament of Hannah Gadina, deceased, and a legatee and devisee thereunder. His petition for distribution was contested by the appellant here, who is also a legatee under said will and who contended for a construction of the will different from that announced in the petition for final distribution. The issue Upon that question is the only matter involved upon the appeal.

Deceased was the aunt of both parties hereto. Her holographie will was neither punctuated nor capitalized.

[777]

In constructing it the trial court separated it into sentences and announced that such separation seemed' the natural and proper one beyond any doubt. The will is as follows:

“In the name of God amen I Hannah Gadina with good health and sound mind do declare this to be my last will and testament I am not under the influence of any one I give to all my nephews and nices to each one fifty Boilers five hundred Boilers liberty Bonds I give to the masonic home in Becota California I give five hundred Boilers to the Nazareno Church in San Francisco I give all my wering aperial to Mrs. Ida McMillan of Los Gatos I give two musical instruments to my nephew John R. McLean I give all my jewelry to my niece Christy to her youngest daughter my watch and chain all family pictures and navil Banner to my nephew John R. McLean all my furniture I give to my niece AnBell McKenzie all money in Banks Gass and Electric Bonds all my reail estate of every description I give to my nephew John R. McLean I name said John R. McLean excuter without bonds I put my hand and Seal this day third of January 1922 Colma San Mateo County, State of California Hannah Gadina.”

About all the bequests, through and including the one of “two musical instruments to my nephew John R. McLean,” there is no dispute between the parties. Following that bequest the trial court, in effect, punctuated the will so that it read as follows: “I give all my jewelry to my niece Christy; to her youngest daughter, my watch and chain. All family pictures and naval banner to my nephew John R. McLean. All my furniture I give to my niece, Annabell McKenzie. All money in banks, Gas and Electric bonds, all my real estate of every description, I give to my nephew, John R. McLean. I name said John R. McLean executor without bonds.”