Dockweiler v. Salvation Army

FOURT, J. This is an appeal from a decree of the probate court determining the persons entitled to distribution of certain real property in the estate of John Conway, deceased.

The decedent, John Conway, died at the age of 78 years on June 11, 1952, leaving a holographic will executed approximately two weeks prior to his death. Said holographic will was admitted to probate, and its provisions are set forth in their entirety, as follows:

“May 28th-1952

“I will my lot 16 on Spence St L. A to Annie Burke Connors and all their on, 581 East 140 st Bronx New York to William Burke Bronx New York, I will lot 19 and all their on. [706]“Too Margaret Burke Ellieott Bronx New York, I will $1000-00 I will 1000-00 to Kathlen Smith 80 Alghney st Buffalo N. York, To Resurection School opal & Lorena $1000-00, To Resurrection Church I will 1000-00 for masses for myself “to Mark K. Conway sister in law I will nothing for her aful treatment of my brother in his last illness, Got in security first nat bank $7600-00 Bank america Whtt & Spence 9000.00 at Lincoln Mortgage & Loan 6 & Spring 8300-00, what ever money is left after all Expenses are Pd to bee given to Salvation Army & Good will eaquely. “To be interred by Cunningham & O’Connor In Calvary Cemitary Grave #6 Sex F#1628 In Conway Kelly plott with marker I was born April 3-1874

“John Conway 918 Spence L.A.”

The decedent’s estate was appraised at a value in excess of $85,000, and included, among other assets, Lot 16, which was improved with a four-family flat and dwelling known as 914-918 South Spence Street, Los Angeles, which parcel was referred to in the estate inventory as Item R-2 and was appraised at $30,000; and an adjoining parcel referred to in the estate inventory as Item R-l and appraised at $30,000, which parcel was similarly improved with a four-family flat and dwelling known as 922-922% South Spence Street, Los Angeles, and was comprised of Lots 17,18 and 19 of the M. L. Wicks Tract, except the southerly 100 feet thereof, or a total area approximately 50 feet by 150 feet.

The diagram* herewith shows among other things, the dimensions and location of the parcels and buildings, and their relation to each other, the extension of the boundary lines of Lots 17,18 and 19 as they traverse across the property upon which the buildings were constructed. Further it shows the location of the board fence across the east end of the property adjoining the alley, and the general scheme, plan or layout of the property in question.