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Fuller v. Fuller

229 Cal. App. 2d 532, 40 Cal. Rptr. 393, 1964 Cal. App. LEXIS 1014
California Court of Appeal·Decided September 3, 1964·No. Civ. 10862·Published·Cited by 8 cases

Opinion

PIERCE, P. J.

This proceeding was brought to determine the identity of the heirs of Daniel Fuller, deceased, and the shares which each takes of certain real property under his will. Two of twenty-five persons affected have appealed from the distribution decreed by the trial court.

The decedent by paragraph 3 of his will provided:

“Thirdly, I give and bequeath and devise the use of all of my real estate to my children ... so long as any of said children are living.
“After the death of the last survivor of them I direct that said real estate be divided among the heirs of my said children, according to the laws of the State of California, to be theirs absolutely. ’ ’

The date of this will is not before us. Daniel died in 1905. His heirs at law were five sons and a daughter. The last survivor of these children, Frederick, died July 10, 1961. The real property involved is two quarter sections in Shasta County, excluding therefrom an undescribed portion condemned by the state.

Daniel’s six children left heirs at law living on July 10, 1961, representing several generations. These heirs are shown on a chart which we attach for convenience. [See next page.]

The petitioners are Marcus D. Fuller and Harold Hays, grandsons of the testator.

The controversy here is (1) whether the surviving widows of two of Daniel's sons (Ruth, widow of Archibald; Ethyl, *536 widow of Frederick—the last surviving son) inherit under the will; and (2) if so, how much?

*535

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Fuller v. Fuller, 229 Cal. App. 2d 532, 40 Cal. Rptr. 393, 1964 Cal. App. LEXIS 1014 (Cal. Ct. App. 1964).

229 Cal. App. 2d 532 (Fuller v. Fuller) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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