Estate of JAMES W. DODGE, Deceased; BARBARA DODGE GILL, Petitioner and Appellant, v. DOLORES STONE, Claimant and Respondent

6 Cal. 3d 311 ·

Supreme Court of California · Filed December 15, 1971

Published · citable Cited by 16

Holding

The court held that the phrase "personal property" in a testamentary bequest, when viewed in the context of the testator's overall estate plan and the extrinsic evidence of his intent, was ambiguous and properly construed to mean only tangible personal effects, thereby excluding cash, bonds, and notes secured by trust deeds from the outright distribution to the testator's children and instead directing those assets into a protective spendthrift trust.

Statutes construed

CIV § 14
CIV § 663
PROB § 101
PROB § 106

Cited by (16)

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Estate of LEO BLACK, Deceased. DONNA GRAHAM, Petitioner and Appellant, v. DONNA F. ROBERTS, as Co-executrix, etc., et al., Objectors and Appellants (1984) 160 Cal. App. 3d 582
Estate of HAROLD EVANS WOODWORTH, Deceased. WELLS FARGO BANK, N.A., as Trustee, etc., Petitioner and Respondent, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, Claimant and Appellant; JAMES V. WOODWORTH et al., Claimants and Respondents (1993) 18 Cal. App. 4th 936
CITIZENS BUSINESS BANK, as Trustee, etc., Plaintiff and Respondent, v. JONATHAN CARRANO, Defendant and Appellant; DONNA KAZANJIAN et al., Defendants and Respondents (2010) 189 Cal. App. 4th 1200
JOHN POAG et al., as Co-trustees, etc., Plaintiffs and Appellants, v. LAURA WINSTON, Defendant and Respondent (1987) 195 Cal. App. 3d 1161
Estate of CONRAD NICHOLSON HILTON, Deceased. WILLIAM BARRON HILTON, Petitioner and Appellant, v. CONRAD N. HILTON FOUNDATION et al., Objectors and Appellants (1988) 199 Cal. App. 3d 1145
Estate of ANNA EDWARDS, Deceased. SECURITY PACIFIC NATIONAL BANK, Plaintiff and Respondent, v. DAVID E. AGNEW et al., Defendants and Appellants. PATRICIA R. FOUBERT et al., Defendants and Respondents (1988) 203 Cal. App. 3d 1366
Estate of MARGARET HORWITZ MacLEOD, Deceased. DOROTHY DAVIS et al., Petitioners and Respondents, v. DAVID ALBERT HORWITZ, Contestant and Appellant (1988) 206 Cal. App. 3d 1235
ESTATE OF John O'CONNOR, Deceased. Kevin O'Connor, as Executor, etc., Petitioner and Respondent, v. Brian O'Connor et al., Objectors and Appellants. (2018) 237 Cal. Rptr. 3d 519
Schwan v. Permann (2018) 239 Cal. Rptr. 3d 427
Trolan v. Trolan (2019) 243 Cal. Rptr. 3d 264
SALVATION ARMY et al., Plaintiffs and Appellants, v. KRISTEN A. WHEATON PRICE, Defendant and Respondent (1995) 36 Cal. App. 4th 1619
Estate of MADELEINE VERDISSON, Deceased; LAWRENCE KESSELRING, Petitioner and Appellant, v. EDWIN E. NOWAK, as Special Administrator, etc., Objector and Appellant (1992) 4 Cal. App. 4th 1127
Estate of EVELYN I. ANDERSON, Deceased. CAROLE J. DE PAUL, Petitioner and Respondent, v. ROBERT C. IRWIN II, Contestant and Appellant (1997) 56 Cal. App. 4th 235
Estate of BELVA C. P. SMITH, Deceased. CHARLES SMITH, Petitioner and Appellant, v. INDIA ROSE SMITH et al., Contestants and Respondents (1998) 61 Cal. App. 4th 259
Estate of HASKELL J. DYE, Deceased. SCOTT T. DYE, Petitioner and Appellant, v. PHILLIP JOE BATTLES et al., Objectors and Respondents (2001) 92 Cal. App. 4th 966