Estate of Walker

California Supreme Court Oct 25, 1905 No. S.F. No. 3975.Published

Before: McFarland

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Holding. The court affirmed the trial court's finding that the appellant failed to prove she was the beneficiary named in the decedent's will, holding that the trial court's determination was supported by sufficient evidence and that the appellant lacked standing to challenge the distribution of the estate.

Issues

Whether there was sufficient evidence to support the trial court's finding that the appellant was not the person named in the will.
Whether the trial court abused its discretion in denying the motion to set aside the submission for additional evidence.
Whether the appellant has standing to challenge the distribution of the estate if she is not the named beneficiary.

Disposition. affirmed

Quotations verified verbatim against the opinion

“we cannot say, considering all the evidence, that there was no reasonable ground for the conclusion reached by the trial court, and therefore cannot hold that conclusion erroneous.”

“Our conclusion is that the evidence warranted the finding of the court to such an extent that, under the rule as to conflicting evidence, we would not be justified in setting it aside.”

“as under the findings the appellant is not the said Nancy Siller Walker and has no interest whatever in the estate, she is in no position to contest the decree”

Synopsis

The facts are stated in the opinion of the court.

[163]

McFARLAND, J.

This is an appeal by Nancy Siller Blevins from a decree of final distribution of the estate of Jackson Walker, deceased, and from an order denying her motion for a new trial. Jackson Walker, deceased, died at or near Ferndale, Humboldt County, California, on the ninth day of November, 1901, leaving a will dated and executed on October 14, 1897. The first two clauses of the will provided for the payment of certain expenses, debts, etc., and the material parts of the will are as follows: ‘ ‘ Third. I give and bequeath to my sister, Nancy Siller Walker, of Nashville, Tennessee, if still alive at my death, all the rest, residue, and remainder of my estate of every kind and nature, both real and personal. Fourth. If my said sister, Nancy Siller Walker, is not alive at my death, I direct my executors hereinafter named to pay to any nephews or nieces claiming and proving their relationship to me, the sum of fifty dollars each in full of all claims they may have against me or my estate. Fifth. In the event of my said sister, Nancy Siller Walker, being now dead, then I direct my said executors hereinafter named, after paying all expenses and allowances, to divide equally between themselves and James Smith, justice of the peace, of Ferndale, California, all the rest, residue, and remainder of my estate of every kind and nature, share and share alike. Sixth. I direct my executors and James Smith, if the estate comes to them, to give one fourth of said estate to the trustees of the Ferndale public school, to be used to the best advantage for said school and in such a way as said school trustees and their successors in office may think best. Lastly, I hereby nominate and appoint John H. Trost and Frank G. Williams, of Ferndale, California, the executors of this my last will and testament without bonds, and hereby revoke all former wills by me made.” The executors obtained letters testamentary, and afterwards, the estate being in a condition to be distributed, they filed .a petition to have it distributed to said Trost, Williams, and Smith. Before a decision on the petition, the appellant, claiming to be the Nancy Siller Walker mentioned in the will, filed an opposition to the petition for distribution, and prayed that the property of the estate be distributed to her. Thereafter this issue as to the proper distribution of the estate was tried before the court sitting without a jury, and the court found that the appellant “is not

[164]

Estate of Walker

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Synopsis

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