Estate of Spencer

LANGDON, J.

Appeal by C. E. Spencer, petitioner for letters of administration with the will annexed in the above-entitled matter, from that portion of an order of the superior court of the state of California, in and for the county of Los Angeles, whereby Wallace W. Wemott and Robert R. Curry were appointed executors of the last will of deceased and whereby the petition of said appellant was denied.

The question presented upon the appeal is whether or not the trial court erred in holding that the will of decedent named Messrs. Wemott and Curry executors, by implication, if not directly. The will was written in its entirety by testatrix in her own handwriting and is as follows:

“I hereby do give and bequeath to my daughter Lois Roberta Spencer all my personal property and furnishings at the home at 1601 Country Club Dr. Glendale.

“Out of my share of the community property I leave to my mother Alice V. Anable the sum of one thousand dollars ($1000) the same to be used at least in part to put her in some home.

“Of the remainder of my share of community property I leave two-thirds

(%)

to my daughter Lois Roberta and one-third

(Vs)

to my son William Edward Spencer.

“I desire my two friends Wallace W. Wemott and Robert R. Curry to act without bond as custodians of property for both children and guardians for Lois Roberta Spencer.

“Marguerite I. Spencer,

“April 14, 1927.”

The problem of the trial court was to find the intention of the testatrix from the language used. In seeking for such intent, there are certain well settled principles of interpretation and construction enumerated by this court in

Estate of Peabody,

154 Cal. 173 [97 Pac. 184], as follows:

[426]