Sawyer v. Taylor
Before: Harrison
Synopsis
Will—Codicil—Appointment of Executor.—An olographic will designating a person who shall settle the estate is superseded, as to such designation, by a codicil expressly made part of the will, designating another person to have “full charge” of the estate “on and after the death” of the testator, “to receive all moneys and pay all bills for the term of seven years, and to be paid a liberal sum each and every year”; and the person so designated in the codicil is properly appointed by the court as executor of the will.
Id.—Specifications in.Codicil—Period of Service—Yearly Compensation.—The specifications in the codicil as to the period of service for seven years, and as to a yearly compensation, do not defeat the intention of the testator that the person designated in the codicil shal be the executor of the will, nor do they require that the administration of the estate shall be kept open for seven years. The direction for yearly compensation is to be followed during the administration, but no allowance therefor is to be-made without the approval of the court, which can make such allowance from time to time as may be just, in view of the condition of the estate, and the extent to which the administration has been completed.
HARRISON, J. Appeal from an order granting letters testamentary.
The will of the decedent is olographic, hearing date June 11, 1896, and is as follows:
“I, Joseph Ringot of Hollister-San Benito County State of California being' of sound mind and understanding does make and declare this to be my last will, I have deeded to my wife Mary Belle Ringot her share of my estate The remainder after all my just debts are paid I give and bequeath to the following named persons share and Share 'alike [naming them] —I desire that E. D. Sawyer of Sari Francisco shall settle my estate.
“Hollister June 11th 1896.
“JOSEPH RINGOT.”
December 31, 1897, he made a codicil thereto in the following terms:
“On and after my Death I want Mr. Herbert Nelson Taylor to have full charge of my Estate to receive all moneys and pay all Bills for the term of Seven years And to be paid a liberal sum each and every year This is a part of my will.
“Hollister Dec. 31st 1897.
“JOSEPH RINGOT.”
The original will and the codicil were found in the desk of the deceased, each inclosed in a separate sealed envelope, and on the back of the envelope inclosing the codicil was indorsed in the .handwriting-of the deceased,- “On my death to be delivered to Herbert Nelson Taylor.” The envelope inclosing the original will was addressed to Stephen L. Piper, a nephew of the deceased, who testified that the testator, about a year [47]and a half before his death, told him that he would find his will in his desk, and that he was to deliver it to the appellant.
After the death of the testator the appellant presented the will and codicil for probate, with a petition for letters testamentary, and a counter-petition was presented by Mr. Taylor. The petitions were heard together, and the court admitted the two instruments to probate as constituting the last will of the deceased, and granted letters testamentary thereon to Taylor and denied the appellant’s petition. From this order the present appeal is taken, the appellant contending that the testator named Taylor only as an agent for specific purposes, and that the original appointment of the appellant as executor is not. affected thereby.
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