Whalen v. Webster

Holding

The court held that a testator's bequest of the "remainder" of his estate to his siblings, after "deducting the portion to which [his wife] is legally entitled under the laws of the state of California," referred exclusively to the wife's one-half community property interest, not her potential three-fourths statutory share when a husband dies without issue, thereby entitling the siblings' descendants to a one-half interest in the entire community estate rather than a one-fourth interest.