Flynn v. Ball

WHITE, J. This is an appeal from a portion of an order which decrees partial distribution of the assets of the estate of Maude Elizabeth Richards, deceased, to W. H. Ball, being a cash legacy of $2,000 plus $60.67 interest.

[781]The decedent, Mande Elizabeth Richards, a single woman, died on March 23,1941, leaving an holographic will, dated May 21, 1939. This will was admitted to probate and, no executor being named, Ben H. Brown, public administrator, was appointed administrator with-the-will annexed, on April 25,1941. The testatrix declared in her will that she had no near relatives, and she disposed of specific real and personal property to friends and acquaintances, and in that connection stated: “I declare that I have no near relatives to the best of my knowledge, but in the event of any person or persons coming forth with a claim to be my direct heirs by virtue of any relationship, I give, devise & bequeath to every person setting up such a claim the sum of $1.00 dollar.” There is no residuary clause contained in the will. The testamentary document also contained the following language: “I give, devise, and bequeath to Mr. W. H. Ball of Los Angeles the sum of five thousand dollars $5000.00 (an extra two thousand $2000.00) to be put in trust for flowers to be put on the three graves in Rosedale Cemetery once each week.” It is the construction and interpretation placed on this last quoted section by the trial court with which we are concerned upon this appeal.

The public administrator proceeded with the administration of the estate and on December 10,1942, petitioned the court for partial distribution. The petition sought to distribute certain specific gifts, devises and a percentage of the cash bequests. It did not, however, attempt to distribute the cash bequest of $5000 to W. H. Ball, nor the $2000 “to be put in trust for flowers.” W. H. Ball filed objections to the petition for partial distribution and asked for partial distribution of 75% of the cash bequests of $5000 and $2000.

Appellant herein, Florence van Valkenburg Flynn, allegedly a cousin of the decedent, contested the validity of the will, which contest terminated in a dismissal which was filed December 4, 1942. Upon the filing of the petition of W. H. Ball for the partial distribution of the $2000 “flower fund,” appellant Flynn filed objections thereto upon the ground that said portion of the will was invalid and an ineffectual attempt to create a trust, and that said $2000 should fall into the residuum of the estate and be distributed to her as the sole heir at law of the decedent.