Pratt v. Lynch

FLEMING, J. The Attorney General, as protector of charitable trusts, appeals a judgment determining that $25,000 in the estate of C. Marie Becker passed by intestacy to Emily B. Becker, the testatrix’ next of kin, and not to a trust created by the will. The principal issue is whether the testatrix ’ will disposed of all her property or only part of it.

At the age of 82 Miss Becker wrote the following holographic will:

“Last Will of C. Marie Becker

“Aug 2,1960

“ C. Marie Becker

111351 N. Orange Drive

11 Hollywood, Calif.

“I do hereby make this statement that I am of sound mind and judgment and make my last will and testament as follows : All income derived from my several bank accounts, also all income derived from all my stocks to be paid to my sister Emily B. Becker as long as she lives, and after her death all above incomes to be paid to Braille Institute of America, Inc., 741 North Vermont Ave., Hollywood, California, and hereby appoint upon my death Security First Nat. Bank, 6777 Hollywood Blvd., Hollywood Calif, to act as Executor and Trustee of all above properties without bond.

“C. Marie Becker,

“1351 N. Orange Dr., Hollywood, Calif.”

There was no evidence that at the time Miss Becker wrote her will she had any substantial property other than savings accounts and stocks. In January 1961 she purchased a single-premium nonrefundable annuity for $10,000. In February 1961 she purchased a second annuity for $10,000, and in April [331961] a third for $8,035. in March 1964, using funds from the sale of stocks and funds from her savings accounts, she purchased a single-premium nonrefundable annuity from Occidental Life Insurance Company for $41,500. From this last annuity Miss Becker collected the first monthly installment of $650 on 1 April, and then died on 17 April 1964. Her estate was appraised at $6,425, of which $6,345 consisted of six savings accounts and $80 of miscellaneous personal effects.

The administratrix of the estate sued Occidental to recover the $41,500 paid for the annuity on the ground Miss Becker had been incompetent at the time of its purchase, and the suit was settled for $25,000. This is the money which the trial court determined had not been disposed of under Miss Becker’s will.