Home v. Knapp
Home v. Knapp
Opinion of the Court
This is an appeal from a portion of an order determining the interests in decedent’s estate.
Stella Rust Delany, who died June 16, 1961, left an estate of the approximate value of $67,000, which included a dwelling house (the family home) and the furniture therein at Avalon, California.
Her formal typewritten will of January 16, 1961, (apparently prepared by an attorney), and a formal typewritten codicil of February 16, 1961, (apparently prepared by an attorney), and a holographic codicil of June 15, 1961, were admitted to probate. No question is presented herein as to the due execution or genuineness of those documents.
The will states: She is a widow. She leaves no issue of her body. She gives her diamond ring to her sister Betty Knapp. She gives the following sums of money to the following named persons: $5,000 to Coral Home; $5,000 to Jim Johnston; $1,000 apiece to: Dick Peek, Jo Ann Lawson, Howard Trudeau, and Zackary Peek. $500 apiece to Donald Doss and John Moore. $2,000 to St. Catherine’s Church at Avalon. $2,500 to the Jesuit Seminary Association, on the condition that it is not awarded anything in a certain lawsuit. $3,500 to Marcus L. Roberts. She gives to Betty Knapp and Gladys Grayling her house in Avalon, together with all the furniture therein, to share and share alike. She gives all the residue of her estate to her sister Betty Knapp. If the lawsuit should not be settled before her demise, she does not want any part of whatever recovery is thereafter made to become part of the residue of her estate, but she thereby gives it to some Catholic charity designated by the executor of her will. She directs that all estate and inheritance taxes be paid out of the residue. She nominates Marcus L. Roberts as executor.
The first codicil states: The gift of $3,500, contained in her
The holographic codicil is as follows:
will -
“A consol to my wR - I leave $10,000 to Coral Home for her loving care of me - $5,000 to Jim Johnston for his eare loving care of Oliver - $5,000 to Mare Roberts for all his interest & help - $5,000 to the six God children.
All my personal things & balance of my estate to Coral Home to do as She see fit -
Stella Rust Delany JAa June - 15th 1961.”
On December 19, 1961, Coral Home filed her petition for determination of interests in the estate, wherein she asserted that she is entitled to all of the estate, except the specific legacies of $5,000 to Jim Johnston, $5,000 to Marcus L. Roberts, and $5,000 to the six godchildren.
On January 4, 1962, Marcus L. Roberts filed his statement claiming that he is entitled to $5,000. He also stated therein his theory, as executor, regarding the distribution of the estate, which theory was as follows: (1) The codicils have no effect upon the provisions of the will regarding decedent’s status as a widow, without issue; or regarding payment of taxes; or regarding the nomination of an executor. (2) The holographic codicil does affect the will and the typewritten codicil in that the holographic codicil virtually rewrites the will and the typewritten codicil, except as to the matters last
On January 22, 1962, Gladys Grayling, sister of decedent, filed a statement of her claimed interest in the estate, wherein she asserted that pursuant to the will as republished in the codicils, decedent devised to her sisters, Betty Knapp and Gladys Grayling, her house at Avalon, together with the furniture in the house; that the codicils did not revoke or modify the provision in the will giving the house and furniture to them, or revoke or modify the provision giving the diamond ring to Gladys; that the holographic codicil created ambiguities and that Gladys would be entitled to introduce extrinsic evidence regarding the interpretation of the codicil.
On January 22, 1962, Betty Knapp, sister of decedent, filed a statement of her claimed interest in the estate, wherein she asserted that under the will she and Gladys were entitled to the Avalon house and furniture. (She also said that the first codicil provided that she would have one-half of the residue.)
The decree determining interests provided: that decedent left a will and two codicils which have been duly admitted to probate, and by the terms of the will and codicils the whole of the estate is devised and bequeathed to Coral Home. $5,000 to Jim Johnston. $5,000 to the six godchildren in equal shares. $2,000 to St. Catherine’s Church. $5,638 to the executor for distribution to some Catholic order. $5,000 to Marcus L. Roberts. The Avalon house and furniture to Betty Knapp and Gladys Grayling. The residue of the estate to Coral Home, but out of the residue all taxes are to be paid.
Coral Home appeals from that portion of the decree which determines (1) the right of Betty Knapp to the diamond ring, and (2) the right of Betty Knapp and Gladys Grayling to the Avalon house and furniture. (The notice of appeal also states that she appeals from the part determining the right of the church to $2,000, and the right of the executor to $5,638 for distribution to a Catholic order. No point is made on appeal regarding these last two items.)
Appellant contends that the holographic document was a complete will in itself with respect to the disposition of the assets, but was a codicil with respect to administrative provi
In support of such argument she cites eases wherein it has been held that provisions in holographic documents, purporting to be codicils, were in effect complete dispositions of the assets of the estate. One of the eases so cited is Estate of Holmes, 191 Cal.App.2d 285, 288 [12 Cal.Rptr. 629], wherein the holographic document stated in part: “I will all my property & Security to said person Izora H. Pflug.” Another of those eases is Estate of Wiemer, 209 Cal.App.2d 7, 9 [25 Cal.Rptr. 693], wherein such document was entitled “Will,” and it stated in part: “If I should die suddenly I want Maud to have 10,000 Tommy—Lindy the rest of my property. ...” Other cases wherein it has been held in effect that a subsequent holographic document was a complete disposition of the assets are: Estate of Salmonski, 38 Cal.2d 199, 204 [238 P.2d 966], stating, “devide everything that belongs to me”; Estate of Cuneo,
“A will must be construed according to the intention of the testator as expressed therein, and this intention must be given effect if possible. Each ease depends on its
In the present ease the decedent made a formal witnessed will in January, wherein she gave her ring to her sister Betty; gave certain amounts of money to" nine persons, including Coral Home (and gave amounts to a church and a church association); she gave the Avalon house and furniture to her sisters, Betty and Gladys; and then all of the residue of her estate was given to Betty.
A month after the will was made, the decedent made a formal witnessed codicil, wherein she increased the gift to Marcus L. Roberts to $4,000 (from $3,5000 as stated in the will); and she stated that she was amending the provision as to residue, and that “out of said residue” she gave to Coral Home all of decedent’s personal effects, except the ring “given to my sister, Betty Knapp,” but all the residue of her estate she gave to Betty Knapp and Coral Home, to share and share alike. In this codicil no express reference was made to the Avalon house or furniture, or to the bequests of money in the will to the eight other persons (other than Mr. Roberts)—but there was the general statement that in other respects she ratified the will.
About four months after she made the first codicil (i.e., June 15, the day before she died), the decedent made the holographic document involved here. At the beginning of it, there are the words, “A consol to my will—. ” Then it states that she leaves $10,000 to Coral Home—$5,000 to Jim Johnston—$5,000 to Marc Roberts—$5,000 to the six godchildren. “All my personal thing's & balance of my estate to Coral Home. ’ ’
This document, after stating that it is a codicil to her will, increases the money bequest to Coral Home to $10,000 (from $5,000 as stated in the will); increases the bequest to Marcus Roberts to $5,000 (from $4,000 as stated in the first codicil); and changes the bequest to the six godchildren by giving $5,000 to them (in equal shares, instead of giving four of them $1,000 each and two of them $500 each, as stated in the will). The bequest of $5,000 to Johnston was not changed but was restated therein. There was no reference therein to the Avalon house or furniture which were given, under the will, to her sisters, Betty and Gladys; nor was there any reference to the ring which, under the will, was given to Betty.
With reference to the provision in the holographic document regarding the residue, a question is whether the balance or residue there referred to is the portion of the state
The trial judge stated in his memorandum decision that the holographic document is a codicil and that it must be interpreted with the will and codicil to which it becomes a part; and that reading the three documents together, “distribution should be as follows: ... [Here a statement is made providing for distribution as set forth in the decree herein-above referred to.] ”
The trial judge properly determined that the holographic document is a codicil. The residue referred to in the holographic codicil is the portion of the estate remaining after distribution of the specific gifts designated in the will and codicils. The judge properly determined the interests in the estate.
A further contention of appellant is that the court erred in not receiving extrinsic evidence as an aid in interpreting the documents. It cannot be said that the court was required to receive such evidence. The court did not err in denying appellant’s offer to present extrinsic evidence.
The portion of the order from which the appeal is taken is affirmed.
Pourt, J., and Lillie, J., concurred.
A petition for a rehearing was denied May 18, 1964, and appellant’s petition for a hearing by the Supreme Court was denied June 16, 1964.
The Estate of Cuneo was cited by appellant as (Cal.App.) 28 Cal.Rptr. 430, but a hearing was granted therein.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.