Lawson v. Hamilton

McMURRAY, J. pro tem.* This is an appeal from an order determining interests in estate and from an order denying motion to vacate order and enter a different order or in the alternative for new trial.

Jennie E. Lawson, a spinster, died June 20, 1958. Her holographic will was admitted to probate on July 20, 1958. All the named legatees and beneficiaries survived the testatrix. Her surviving next of kin were her sister, Annie F. Plymire, her grandnephew, Gary Plymire, and George C. Lawson, Anita Du Bois and Ruth Cummings, children of her deceased first cousin.

On August 29, 1959, Annie Plymire died.

The administrator with will annexed petitioned the court for a decree determining interest in estate, because of conflicting claims arising under the will of decedent.

The portions of the will here pertinent are as follows:

“If my sister Mrs. Annie F. Plymire outlives me, I want to have her have the income the best of everything as long as she lives, from all my property J.E.L. ... To my cousin George C. Lawson I want the income from the loan to the Crocketts $150.00 a month until loan has been settled, I do not want him to have any of the principle [sic] at any time. To a cousin Anita Du Boise of Visalia I bequeath ten thousand dollars ($10,000.00) To a cousin Mrs. Ruth Cummings of 1106 Glen Dr. San Leandro Calif also ten thousand dollars. Jennie E. Lawson To Juanita Crockett—five thousand dollars ($5000.00.) To Mrs. Mabel Wagner of El Poco Lodge [305]$5,000.00 . . . Also to Gary Plymire son of my nephew Harry L. Plymire deceased, I leave Gary Five Thousand dollars and a letter to him. If George C. Lawson is deceased. I want the amount to be paid to his two sisters. I want the Bank of America to have this will in trust and to do with it as I have stated. ...”

The trial court interpreted the will and the interests therein created as follows: The specific legatees are to receive the amounts designated. George C. Lawson is to receive that portion of the payment on the Crockett note attributable to interest as distinguished from principal; these payments are to terminate upon the death of George C. Lawson or upon the full payment of the note whichever occurs earliest. In the event that George C. Lawson dies before full payment of said note, his sisters Anita Du Bois and Ruth Cummings are to receive the payments on the note attributable to interest, share and share alike. The payments of principal on said note shall go into the residue of decedent’s estate and the entire residue of the estate shall pass by intestacy to the estate of Annie F. Plymire.