Shea v. Arnold

Opinion

TAYLOR, P. J. This is an appeal by an intestate heir from a portion of a probate decree determining that she had no interest in the estate of her deceased sister, Elsie O’Connell. The only question presented is whether the trial court properly held that the language of the holographic will bequeathing “all remaining cash in my accounts” to respondent, St. Brigid’s Church, included a $17,000 certificate of deposit. We conclude that the interpretation adopted by the trial court accords with the intention and objectives of the testatrix and should be affirmed.

The facts as found by the court are as follows: On July 18, 1968, Elsie O’Connell wrote a vahd holographic wiE that, by the first eight paragraphs, bequeathed specified sums of cash to several charitable and reEgious institutions, a piece of jewelry to each of two nieces, and the contents of her apartment to Mrs. Pietras. The will then continued: “To St. Brigid’s Church after all expenses and bequests have been paid all remaining cash in my savings and checking accounts at the Wells Fargo Bank, Grant and Market Sts. Also government bonds amounting to $1969.75 (one thousand nine-hundred sixty-nine dollars and seventy-five cents) plus accrued interest.

“I would request that one hundred masses be said for the repose of the souls of Dennis and Elsie O’ConneE Five hundred dollars be used for the above request.

“Signed

“Elsie M. O’Connell.

“Also to St. Brigid’s Church the savings at Crocker Citizen’s National Bank at FEmore and Chestnut.”

On March 8, 1968, about four months before she signed the holographic wEl, the testatrix changed the form of the major portion of her savings [530]account at the Wells Fargo Bank by transferring $17,000 from that account to a certificate of deposit. This certificate, issued on March 8, 1968, was a non-negotiable term.certificate that matured on September 8, 1968, with a provision for automatic renewal for successive periods of three months each. The certificate recited that it was nontransferrable, nonassignable and not subject to withdrawal prior to maturity, and provided for deposit of the five percent quarterly interest to the savings account.

At the time of Elsie O’Connell’s death on July 10, 1969, the next maturity date for the certificate of deposit was September 8, 1969. Her estate was appraised at $32,145.93; the principal assets, in addition to the certificate, were the Wells Fargo Bank accounts (checking $1,844.42; savings $4,152.93), the Crocker Citizens savings account ($3,990.69), and U.S. Savings Bonds ($4,296.49). Her only heirs at law were the two nieces mentioned in the will and appellant. The holographic will dated July 18, 1968, was duly admitted to probate on August 14, 1969: Thereafter, the public administrator filed the instant petition for a determination of interest and interpretation of the will. The court found that by the language of paragraph 9, “all remaining cash” in her accounts at Wells Fargo Bank, the testatrix intended to include in her bequest to St. Brigid’s Church that portion of her savings on deposit evidenced by the $17,000 certificate of deposit.1 This appeal is from that portion of the ensuing order adverse to the interest of appellant, Martha Arnold.