State v. Selix

WHITE, J. The attorney general, in behalf of the State of California, appeals from a decree determining that Leah Selix, respondent herein, is the residuary legatee under the will of Peggy E. Karkeet, deceased, in a proceeding to determine heirship pursuant to section 1080 of the Probate Code.

Peggy E. Karkeet died testate in Tuolumne County, in October 1958 at the age of approximately 60 years. Prior thereto decedent, who had no known kindred, instructed her landlord that Leah Selix, her friend, was to be notified in the event of her death. It appears that there was a very close family relationship between decedent’s and Leah’s families, their mothers having first become friends in 1905. Decedent and her mother had resided with Leah’s family from time to time. Leah had known the decedent since 1920, and their friendship also “was a very close relationship.”

After the decedent’s death there was found on her dresser in her room, an envelope on which was typewritten Leah’s name, address and telephone number. Also on the envelope, in decedent’s handwriting, were the words: “In ease of my death—Peggy.” The envelope contained the original of the following holographic writing, which appears to have been the only testamentary document executed by the decedent:

“Sonora, Calif.

To Whom It May Concern

This is my authorization to Miss Leah Selix, 832 Green St., San Francisco, California, to act as executrix of all and any property and personal effects (and bank accounts) to act without bond or order of Court.

Signed this 5th day of May 1956

s/Peggy E. Karkeet Lisolette Sherrard

Witness”

The decedent left a net estate of approximately $7,000. In addition she and Leah held other property of undisclosed value in joint tenancy.

The above writing was admitted to probate in January 1959, as the last will and testament of deceased, and pursuant thereto Leah was appointed executrix. Thereafter she filed an inheritance tax return in which she claimed to be the sole legatee, but the California Inheritance Tax Appraiser refused to certify the return unless a decree was obtained to the effect that Leah was entitled to have the net estate distributed to her.

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