Bowne v. Crowley

WOOD, P. J. Mr. Fred O. Bowne, the surviving husband of Gertrude Bedford Bowne, deceased, filed a petition for [897]determination of entitlement to distribution of her estate. He appeals from the judgment which provided, among other things, that he was entitled to $1.00.

Mrs. Gertrude Bedford Bowne made a typewritten will on October 16,1958, which stated, in part: “Fifth: I hereby give and bequeath to my grandchildren, Colleen Bedford Crowley and Daniel Arthur Crowley II, in equal shares, all cash on deposit in my name or in my possession, provided that if either of said grandchildren predeceases me, then I give and bequeath all such cash to the surviving grandchild; provided, further, that if both said grandchildren predecease me, then I give and bequeath all of said cash to my son, Arthur J. Crowley.”

A further part of the will was: “Eighth : I hereby give and bequeath my mink stole and my platinum and one-half (.50) carat diamond ring to my husband, Fred 0. Bowne, provided that if he predeceases me, then I give and bequeath said mink stole and said ring to my son, Arthur J. Crowley. ’ ’

The residue of her property, after making other bequests, was given to her son, Arthur J. Crowley.

Mrs. Bowne made a holographic codicil to her will on July 10,1963, which stated :

“July 10,1963 Codicils

To Colleen, two pearl, one white & one blue pearl necklace One pr. blue pearl earings. Pearl, white & gold bracelet—gold earing Arthur, gave me, gold & white pearl necklace—My Sister Marie, all china, Monticello china etc. My Son, Arthur, Sterling Silver, flat wear, etc. My sister Marie Acosta, $500.00 dollars, payable one hundred a month.

To my husband, Fred Oliver Bowne, One dollar.

My saving @ Security First National Bank, Vermont & Sunset also Home Savings 7051 Hollwyood Blvd. Gertrude Bedford Crowley Bowne.

To Marie Acosta, what little I have left you, you are not to give to your two gaughter-inlaws [sic] or your Son’s, as they have not given you, but eontinuly take from you. It will go to Arthur Crowley, My Son, what you don’t want. Especially My bedroom set, give to Colleen.

This is my last wish