Estate v. Mattley

California Court of Appeal Dec 15, 1930 No. Docket No. 4327.Published

Before: Thompson

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Holding. The court held that the testator's bequest of a specific war risk insurance policy to his sister was a specific legacy, and therefore the remaining proceeds of that policy should have been distributed entirely to her estate rather than divided under the residuary clause.

Issues

Whether the bequest of a specific war risk insurance policy in the testator's will constituted a specific legacy.
Whether the remaining proceeds of the war risk insurance policy should be distributed to the named beneficiary or under the residuary clause of the will.

Disposition. reversed

Quotations verified verbatim against the opinion

“By the language of the will, “To my sister Mrs. Pearl Mattley Pinegar, I give my War Risk Insurance File number 1182941”, the testator sufficiently identified and specifically bequeathed to his sister that particular policy and the proceeds therefrom.”

“The balance of the proceeds from that policy did not belong to the residuum of the estate.”

[440]

MR. JUSTICE THOMPSON (R. L.) Delivered the Opinion op the Court.

This is an appeal from a supplemental decree of distribution.

Ernest M. Mattley was a World War veteran. He died September 11, 1926, leaving an estate consisting of about $11,000. He also possessed an adjusted compensation insurance policy with the government of the United States of the value of $1561, and a separate war risk insurance policy of $10,000 with the government, in which his sister, Pearl Pinegar, was named as beneficiary. Upon proceedings duly had, his holographic will was admitted to probate in Amador County. The respondent Ralph McGee was appointed and qualified as executor thereof. The will is in the following language:

“4417 East 3rd. Street “Los Angeles, Calif. “August 28, 1926.

“This is my last will.

“To Alice Mattley, I give $100.—To Florence Mattley, I give $100.-—-To Corinne Mattley, I give $100—my diamond ring and my portable typewriter.

“To my brother George E. Mattley I leave my Adjusted Compensation Insurance Policy number 1765429. My share of the cabin.

“To my sister Mrs. Pearl Mattley Pinegar, I give my War Risk Insurance File number T182941.

“The remainder shall be divided to my sister Mrs. Pearl Mattley Pinegar 5/9 to my brother George E. Mattley 4/9.

“Ralph McGee is appointed administrator.

“Ernest M. Mattley “Ernest M. Mattley”

In due course of administration distribution of the $11,000 was made on April 15, 1927. The executor was not discharged. Neither the proceeds of the adjusted compensation policy, nor the war risk insurance policy were included in the inventory or distributed in the original decree of distribution. Regarding this omission the respondent, in his brief, says:

“The respondent as executor did not include either the War Risk Insurance payable to Pearl nor the bonus insur

[441]

Estate v. Mattley

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