Estate of Gregory (1909) · DecisionDepot

Estate of Gregory

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Court of Appeal Dec 28, 1909 No. Civ. No. 707.Published

Before: Kerrigan

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Holding. The court held that the death of the primary trust beneficiary before the testator did not invalidate the residuary gift to the grandchildren, as the testator's intent to dispose of his entire estate must be upheld to avoid intestacy.

Issues

Whether the death of the primary trust beneficiary rendered the residuary bequest to the grandchildren inoperative.
Whether the testator died intestate as to the residue of his estate.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The fact that the wife never lived to become the beneficiary of the trust created in her favor is no reason for holding that the subsequent provision of the will directing the disposition of the fund should be-defeated.”

“In the interpretation of wills, constructions which lead to intestacy, total or partial, are not favored”

Synopsis

APPEAL from orders of the Superior Court of Alameda County, denying a petition for partial distribution of an estate of a deceased person, and granting a petition for final distribution. P. B. Ogden, Judge.

The facts are stated in the opinion of the court.

KERRIGAN, J.

This is an appeal from an order denying a petition for partial distribution, and also from an order granting a petition for final distribution.

The material facts have been agreed upon and are set forth in a stipulation entered into by the parties interested.

Lewis Gregory died July 2, 1907, and left surviving him as his heirs at law the appellant, Alice E. G. Bush, a daughter ; Amy L. Gregory Blanchard, a granddaughter; George L. Gregory, a grandson, and four children of Mary E. Hauch, a deceased granddaughter, and George P. Hauch. The estate consisted wholly of personal property. The deceased left a will, which was duly admitted to probate on July 19, 1907. After specially disposing therein of portions of his property, the will contained the following provisions in paragraphs 4 and 5 thereof:

'“4th. I give and bequeath to my daughter, Alice E. Bush, and to her daughter, Alice Berry, each the sum of Five dollars.

“5th. All the rest, residue and remainder of my estate I give, devise and bequeath to Oliver Blanchard, in trust, to have and to hold the same during the life of my said wife, upon the following trusts, to wit:

“To convert the same into money, invest and reinvest the proceeds thereof safely so that it shall be income producing, and promptly collect and pay over to my wife therefrom for her own use, benefit and disposal, the sum of Thirty dollars per month in each and every month during the entire term of her natural life, together with such additional sum or sums, from time to time “during her life as said trustee or his successor may from time to time determine that her circumstances require, said payments to be made from the principal of said fund, and upon the death of my wife, to immediately pay over and deliver all of said trust fund and residue of my estate then remaining to my granddaughter, Amy L. Gregory Blanchard, and my grandson, George L. Gregory, to 'whom, to wit: my said granddaughter and grandson, I hereby give, devise and bequeath all of said residue of said trust fund in equal share, to have and

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to hold the same unto them and their heirs and assigns forever. No bond shall be required of said trustee.”

Estate of Gregory

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Synopsis

KERRIGAN, J.

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