Bank of America National Trust & Savings Ass'n v. Robbins

WOOD (W. J.), J. David Robert Robbins has appealed from an order of the probate court by which he was denied distribution of United States War Bonds of the value of $12,000, and by which the will of Carrie W. Marin was given the interpretation that these bonds became a part of the residue of the estate.

Carrie W. Marin died on September 4, 1943, leaving her last will dated August 16, 1943. The will had been prepared by James E. Collins, an attorney at law, and was attested by witnesses.

The twelfth and thirteenth articles of the will provide as follows:

“Twelfth: I give, devise and bequeath to David Robert Robbins, M. D., whose office is in Room 618, Brockman Building, Los Angeles, the real property, and the residence situated thereon, located at and known by the street number as 2643 Hillerest Drive, Los Angeles, California.

“The said real property and the house thereon are, and constitute my residence.

“Thirteenth: In addition to the above devise and legacy, I also give, devise and bequeath to said Dr. David Robert Robbins all the personal property, household furniture, furnishings, bric-a-brac ornaments and equipment of whatsoever nature or description which may be located in, upon or about said residence or real property at the time of my death. The above devise and bequests are made by me because of my great appreciation of Dr. David Robert Robbins’ continued and devoted kindness to me and my husband. ’ ’

Before her death decedent had been a patient of appellant, a physician and surgeon, for approximately fifteen years. Decedent’s husband, Morris Marin, who predeceased her by six or seven years, had also been a patient of appellant. No children were born of the marriage of decedent and her husband. The residuary legatees and beneficiaries, Hattie Marin and Herman Marin, are the daughter and son, respectively, of decedent’s husband by a former marriage.

[149]The court found that at the time of decedent’s death there were located in her residence, 2643 Hillcrest Drive, Los Angeles, two war savings bonds of the face value of $5,000 each and two war savings bonds of the face value of $1,000 each. The court also found that decedent during her lifetime had a safe deposit box in the vault of a Los Angeles bank, which she had entered several times shortly before her death; that the bonds had been purchased prior to the execution of decedent’s last will; that the approximate value of decedent’s estate was $85,758.69 and that the approximate value of the residuary estate was estimated by the executor to be $60,000; that it was the intention of the testatrix that the bonds of the face value of $12,000 which were found in the residence should not pass under the thirteenth article of the will to appellant but that they should become a part of the residue of the estate.