(DOWNLOAD) "Estate of Lillian Ferdun v. Plummer" by Third Appellate District District Court Of Appeal Of California " eBook PDF Kindle ePub Free
eBook details
- Title: Estate of Lillian Ferdun v. Plummer
- Author : Third Appellate District District Court Of Appeal Of California
- Release Date : January 03, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[91 CalApp2d Page 622] Charles F. Ferdun and Ernest Ferdun have separately appealed from a decree of final distribution in the estate of Lillian Ferdun, deceased. The appeals involve the construction of the language of the holographic will of the decedent. The appellants filed separate oppositions to the petition for distribution. The opposition of Charles, a nephew of the decedent, merely alleges that it was the intent of the testatrix, ""as expressed in her will,"" to give to her brother, John H. Plummer, a life estate only in the ""Addie Ferdun [91 CalApp2d Page 623] vineyard,"" and that the fee title therein was devised to the five children of Ernest Ferdun. The amended opposition of Ernest Ferdun, who is the father of Charles, merely alleges, on information and belief, that the will fails to dispose of the real property of the estate, which should therefore pass to the heirs according to the rules of descent. On hearing, the probate court determined that the will devised to John H. Plummer, the brother of the testatrix, the fee to all real properties of the estate, and thereupon distributed the real estate as prayed for. There is no controversy regarding the distribution of the stocks, bonds, money or other personal property. From that decree the appeals were perfected.