Moreland v. State

LILLIE, J. The holographic will1 of Alta C. Gundelach was admitted to probate and R. R. Moreland appointed administrator with the will annexed. Sale of the real property, the main asset of the estate, was approved. Filed against the estate by the Department of Charities, County of Los Angeles, was its claim in the amount of $1,259.37 “For [medical] care and aid advanced [to decedent and her husband] under Health and Safety Code section 1473 or sections 2222, [827257]6, 2600, 2603, 3006 and 6004 of the Welfare and Institutions Code”; the same was approved by the administrator and paid in full. Thereafter the administrator petitioned for decree determining interests in the estate; statement of interest was filed by the Attorney General on behalf of the State of California claiming the state to be the residuary beneficiary under the final clause of the will—“then gave back to State to cover our debt to them.” A hearing was had and the testimony of Mrs. Laybolt, sister of decedent, was taken. In its order determining interests in the estate the trial court determined that the residue of the estate descended to decedent’s heirs at law “there being no residuary legatee” named in the will, and “That the State of California is not entitled to receive any of the residue of said estate.” From this order the State of California appeals.

Alta Cleo Gundelaeh, a resident of Los Angeles County, died on November 20, 1964; her husband predeceased her. During their lifetime they had been recipients of medical care and attention advanced to them under state law at Los Angeles County Hospital through the Los Angeles County Department of Charities; thus, the county caused a lien therefor in the amount of $1,259.37 to be filed against the property owned by Mrs. Gundelaeh. By her holographic will dated February 2, 1964, she provided for the sale of the property out of which were to be paid her funeral expenses, certain bequests to members of her family and “our debt” to the state. Upon her death a claim in the amount of $1,259.37 was filed by the County of Los Angeles in the estate, approved and paid.

The trial court determined that decedent specifically provided by her will for her sister Princess (Laybolt); four nieces (daughters of brother Ira who predeceased her), Peggy (Goodrich), Iris (Welter), Lorena (Eastman) and Shirley (Schneider) ; nephew (son of Ira), Leky (Leroy [Webb]) ; neighbor, Mrs. (Elizabeth) Berkshire; two friends, Mrs. (Lillie) Griffith and Mrs. (Maude) Warner; P. (Presbyterian) Church; sister Alva (Elva Boyd) and brother Ira, who predeceased her; that in addition to the sisters, nieces and nephew mentioned in her will, decedent left surviving her as heirs at law, the children of a predeceased brother Willie, Ira, Claud and Roxie, and of a predeceased brother Ira, Ora Ella, Betty, Ira, Jr., and Lloyd; that the residue of the estate descended to her heirs at law, there being no residuary legatee