In Re Estate of Alexander

SLOSS, J.

Appeal from decree of final distribution. Emilie Alexander died on June 5, 1904, leaving a will which was admitted to probate in the superior court of Alameda County on July 7, 1904. The testatrix was a widow, and. was survived by three sons, George, Henry, and Caesar Alexander, and two daughters, Mrs. Ray Rosenthal and Gussie Alexander, all over the age of twenty-one years. The estate having been duly administered, distribution was prayed for, and, after proper proceedings for that purpose, a decree was made, distributing the entire estate to Gussie Alexander, one of the daughters, absolutely. From this decree the other children of the testatrix appeal.

The controversy hinges on the construction of the decedent’s will, which was holographic and written in the German language. A translation reads as follows:—

“Oakland, the 28th March, 1903.

“This is my last wish while I still have good health and full understanding, that if Gussie Alexander remains unmarried, that all I have as well as real estate belongs to her,

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should she marry, then the house belongs to her for which she has the contract that she bought it, hers. The rest my other children shall divide among themselves; Henry Alexander, George Alexander, Caesar Alexander, and Bay Bosenthal. This is my last wish.

(Signed) “Mrs. Emilie Alexander.

“The testament which Mr. Bosenthal has can be torn up, it is against my wish.”

The phrase “the house belongs to her for which she has the contract that she bought it, hers,” refers to a dwelling-house which had been conveyed by the testatrix to Gussie prior to the making of the will, and this property formed no portion of the estate. At the date of the will Gussie Alexander was the only unmarried daughter of the testatrix, and she never has married. The sons were all engaged in business.

Prom these facts we must determine what interest or estate is given to Gussie Alexander under the will, and what to the other children of the testatrix. The essential words of the will are, “if Gussie Alexander remains unmarried, that all that I have . . . belongs to her, should she marry . . . my other children shall divide [it] among themselves.”