Bonnen v. Blair

DORAN, J. The action is for a decree determining heir-ship and interests in the estate of deceased.

Petitioner Alfred Granville Blair alleges that, “under the terms of the Will of Alfred G. Blair, the American Bible Society, a charitable institution, will receive the entire corpus of said estate after the life tenancies of Phoebe L. Bonnen, Naomi Blair Buoff and Carolyn Buoff. That, under the terms of the Will of Alfred G. Blair, said American Bible Society will receive in excess of one-third of the said decedent’s estate and, therefore, is violative of the provisions of Section 41 of the Probate Code. Insofar as said Will provides for distribution of the decedent’s estate in excess of one-third thereof to the American Bible Society, your petitioner is entitled to distribution as to one-half of said excess.”

In answer to the petition, Phoebe L. Bonnen alleges that, “answering party is to receive one-half of the property in said estate either in fee or for life with the power to consume, and Naomi Blair Buoff receives the other half of the estate upon like terms. By reason thereof the American Bible Society will not receive in excess of one-third of said decedent’s estate, and, therefore, the bequest referred to in said Petition is not violative of the provisions of Section 41 of the Probate Code. Futhermore, insofar as said Will provides for the distribution of any excess over and above one-third of the estate to the American Bible Society, if any, said Alfred Granville Blair would not be entitled thereto, but this answering party would be entitled thereto by reason of the fact that the gift over after her life estate would be void.”

Following the hearing the court decreed, “that, pursuant to the Last Will and Testament of decedent, Phoebe L. Bonnen and Naomi Blair Buoff are entitled to receive whatever remained the property of the estate of decedent upon the termination of the life estate of Susan Ann Blair, as life tenants, and to receive and consume the income therefrom, equally, for and during their lifetimes; that upon the death of either of them the other one of them is entitled to receive the share of such deceased life tenant in the property of said decedent constituting the principal of their said life estate as life tenant, and to receive and consume the income [307]from the whole of said life estate for and during the remainder of her lifetime; that said life tenants Phoebe L. Bonnen and Naomi Blair Ruoff are not, and neither of them is, entitled to consume any part of the principal of the estate of the decedent which may be distributed to them as life. tenants; and that said life estates began on May 21, 1951, the date of the death of Susan Ann Blair, the surviving and subsequently deceased wife of the decedent.