Shuff v. Blazer

BARNARD, P. J. This is a consolidated appeal from certain probate orders and from a judgment in a separate equitable action, the various matters having been heard together in the trial court.

Hazel M. Blazer is the widow of Hiram E. Blazer. They were married in June, 1937, at which time he had certain real and personal property and she had $1,500 in cash, furniture worth $1,500 and an automobile worth $500. She had been employed by a lumber company in Los Angeles and at the time of the marriage she gave up her position and moved into his home in Ontario. He traded her car in on a new car, which he took in his name, used her furniture partly in his own home and partly in houses he was renting, and she turned over to him large portions of her $1,500 and used the remainder in living expenses and expenses about the home.

Three days before they were married Mr. Blazer asked her to go with him to the office of his lawyer, saying it was upon a matter for their common interest. There she was asked to sign an antenuptial agreement which had already been prepared and which provided that each should relinquish all rights in the property owned by the other at the time of the marriage, that on the death of either that party’s property should go to his or her blood relatives, and that all property acquired after marriage should be jointly owned by the parties. Mr. Blazer told her that the purpose of this instrument was to avoid trouble with his relatives, and that if she would sign the same he would amply provide for her by will. The matter had not been previously discussed and relying on this assurance Mrs. Blazer signed the agreement.

[351]Immediately after this instrument was signed the parties went to Mr. Blazer’s home. He took from his safe a typewritten will which he had executed in January, 1937, hut which was signed by only one witness. He called attention to the fact that in that will he had given a lot in Ontario, on which were his home and two other houses, to certain of his relatives. In her presence, he “x’d” out this provision with his typewriter and wrote in another provision giving this property to her, putting his initials opposite the change.

On April 3, 1942, Mr. Blazer executed another will in which he gave Mrs. Blazer his automobile, certain shares of stock, some bonds and the use of the Ontario property above mentioned during her lifetime. However, this will was typewritten and there was only one witness thereto. Both of these purported wills were later produced in court, where they were declared invalid.