Smith v. Musser
Smith v. Musser
Opinion of the Court
Harry Stephenson died of a heart attack in 1961, leaving an estate of personal property, consisting mostly of securities, and a holographic document dated September 22, 1944, written on the flyleaf of a prayer book, reading :
“22 Sept. 1944 — R.B. No time left — This could be it — After 5 days (years) of action — If necessary please return my Good Book and all posessions to my Aunt Alyce Mae Smith, 434 No. Hill Street,
Los Angeles — 12, California
Harry A. Stephenson 321-81-39243671”
The trial court found this document to be a will, but also found that the will only disposed of the book and possessions
The trial court considered the document ambiguous, and therefore admitted extrinsic evidence in order to determine its intent and meaning. Stephenson had written the document while overseas with the armed forces at a time when he owned little property. Alyce Smith, although not related by blood to Stephenson, was the person closest to him in life. Prior to Stephenson’s entry into the Army in World War II he had lived with the Smiths for several years, and during this time they had supported him. Alyce Smith was named on his soldier’s identification tags and in his soldier’s pay record as the person to be notified in case of emergency, and she was the beneficiary of his National Service Life Insurance, the proceeds of which she received on his death. Following the end of World War II Stephenson resided continuously with Alyce Smith until his death in 1961. The stock certificates which comprised the principal assets of his estate, he kept in Alyce Smith’s safe deposit box. The prayer book containing the holographic document was found in a wooden box located in his room at the foot of his bed.
This ease presents three questions: Was the document a will? Was it intended to continue in effect after the war? Of what property did it dispose?
1. We agree with the trial court that the document was a will. Liberal construction of holographic documents is the rule, particularly with respect to those made by persons in the armed forces in the face of imminent peril of death. (Prob. Code, §§ 53, 54.) As summarized by Mr. Wit-kin, 4 Summary of California Law (1960) section 94, pages 3083-3084: “Prob.C. 53 states that the holographic will is ‘subject to no other form’; hence no particular words are necessary. A letter or other informal document will be sufficient if it discloses the necessary testamentary intent, i. e. if it appears that the decedent intended to direct the final disposition of his property after his death. The surrounding circumstances may be considered in reaching a conclusion on this issue.” In the light of this rule the prayer book flyleaf qualified as a will.
2. We also agree with the trial court that the will was intended to continue in effect after the war, and was
In our view the wording in the present will created an absolute, and not a conditional, testament.
3. Did the will dispose of all the testator’s estate, or only that portion he had with him overseas in 1944? Our starting point on this question is the presumption against intestacy, complete or partial, set forth in Probate Code, section 102. The very fact of making a will suggests that the testator intended to dispose of all his property, and the idea that he intended to die testate as to one portion and intestate as to another is so unusual that any reasonable construction which can avoid it will be favored. (Estate of Olsen, 9 Cal.App.2d 374, 379-380 [50 P.2d 70] ; Estate of Northcutt, 16 Cal.2d 683, 690 [107 P.2d 607] ; Estate of Wignall, 80 Cal.App.2d 958 [183 P.2d 26] ; Estate of O’Brien, 74 Cal.App.2d 405 [168 P.2d 432].) Also pertinent is the general principle that a will is normally construed to speak in the light of affairs as they exist at the time of the testator’s death
In this ease evidence of Stephenson’s conduct was available to resolve the question of what property he intended to dispose by his will. (Estate of Sargavak, 41 Cal.2d 314, 319 [259 P.2d 897] ; Estate of Harrington, 154 Cal.App.2d 470 [316 P.2d 432].) This evidence lends no support to the existence of any plan of the testator to continue his holographic will in operation in 1961 solely to dispose of objects of sentimental value he had had in his possession overseas in 1944. To the contrary it supports the view that decedent intended Alyce Smith to be the beneficiary of his entire estate. His continuous residence with her from the termination of World War II until his death, his retention of her as the beneficiary of his National Service Life Insurance, the preservation of his holographic will in his bedroom, the absence of any other will or codicil, and, most important of all, his entrusting the custody of the principal assets of his estate, the stock certificates, to her safe deposit box, provide solid support for the conclusion that the will was intended to cover his entire estate and was not limited to assets he had with him overseas in 1944. Since extrinsic evidence provides satisfactory proof of decedent’s intention to dispose of his entire estate by means of his holographic will, that intention is controlling and must be given effect. (Prob. Code, § 101 ; Estate of Akeley, 35 Cal.2d 26 [215 P.2d 921, 17 A.L.R.2d 647] ; Estate of Karkeet, 56 Cal.2d 277 [14 Cal.Rptr. 664, 363 P.2d 896].)
We hold that Stephenson bequeathed his entire estate to his sole beneficiary, Alyce Smith.
Judgment reversed.
Roth, P. J., and Herndon, J., concurred.
Reference
- Full Case Name
- Estate of HARRY ALEXANDER STEPHENSON, ALYCE MAE SMITH, and v. CLARICE E. DULIN MUSSER, and
- Cited By
- 1 case
- Status
- Published