Ockerlander v. Estate of Ockerlander

FOURT, J. This is an appeal from an order settling the first and final account of a former administratrix and overruling objections to said account.

John N. Ockerlander, before his death, apparently was a retired army officer (major) residing in Los Angeles County. He was married to Alice Ockerlander and a child, Joanna Ockerlander, was born as the issue of such marriage. John secured a final decree of divorce from his wife on or about January 17, 1958. She apparently at times resided out of the State of California in later years. He had three sisters, two [186]of whom lived in Wisconsin and one who lived in Vermont. The daughter resided in California and at the time of John’s death she was 13 years of age. The only other relative of John residing in California was Elsie F. Waterman (an aunt) who was a personal accountant for Lucille Ball and Desi Arnaz at Desilu Productions Studios in Hollywood and for seven years had charge of their personal financial affairs as accountant. She also had some experience as an administratrix in other estates.

John became mentally ill and a proceeding was instituted in March 1959 in the Superior Court of Los Angeles County to have him legally declared to be mentally ill. That ease was heard in April 1959 and John was committed to the custody of the Counselor in Mental Health for placement in his (John’s) home (a rented apartment upon a month-to-month basis) in Santa Monica, under the control of Harold E. Champlin, attorney at law, for the period April 2, 1959, to June 2, 1959. Champlin had known John for quite some time and was a friend and John’s attorney.

Elsie Waterman made several telephone calls to John’s sisters during his mental illness to the end that they were kept informed and advised of his condition and status. John Oekerlander died intestate on April 19, 1959. The sisters were telephoned with reference to his death and they all came to Los Angeles for the funeral.

The sisters selected the cemetery plot for his burial and made all of the arrangements for the funeral with the mortuary. John was buried near Miss Waterman’s mother of whom he was very fond before she died on February 16, 1959. The cemetery plot cost $250. The deed thereto was in the name of the sisters; however, no right in the property was transferred to the grantees, other than a right of interment and John, as heretofore indicated, was buried in the plot.

The sisters were in John’s apartment following his death and did some packing and perhaps took some eight or ten old phonograph records which they had previously given him. Miss Waterman was appointed special administratrix on April 24, 1959, pursuant to a petition and the nomination of all three of John’s sisters. On June 10, 1959, she was appointed administratrix with general powers. She found no papers of any consequence at the apartment as John apparently had destroyed everything of such character. There were some used kitchen utensils of no value. John also possessed 15 shares of United States Steel Corporation stock, a radio-record player,