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Johnson v. McCaffrey

199 Cal. App. 2d 783, 19 Cal. Rptr. 93, 1962 Cal. App. LEXIS 2895
California Court of Appeal·Decided February 1, 1962·No. Civ. No. 10171·Published·Cited by 1 cases

Opinion

PIERCE, J.

The question presented on this appeal is whether appellant, Elizabeth McCaffrey, takes under the will of her brother, George E. Nichols, deceased (a) his entire estate (excepting for certain specific bequests) absolutely, or (b) his entire estate (with said exceptions) for life, with remainders in certain others, or (e) one-twelfth of the residue of the estate.

Decedent died in September, 1958, leaving an estate value in excess of $200,000 under a holographic will, a reproduction of which is included herein on pages 785 and 786:

The “Dear Sis” and “to my Sis Bess” referred to is decedent’s sister Elizabeth McCaffrey, the appellant. “Tom Tomnitz” is Emil Tomnitz, a neighbor across the street from the Nichols home in Paradise. “Lew” is his wife. “Litteice Osborne” is Lettiee Osborn, a next-door neighbor of Mr. and Mrs. Tomnitz, a widow. (She and Mr. Nichols were planning to be married.) “Our Bro & Sisters” refers to Waldo Nichols, Chleo Graham and Letha Payton, a foster brother [785] and two foster sisters of both decedent and appellant. (To explain this foster relationship, the real surname of George Nichols and the maiden surname of appellant was “Cox.” George and appellant were raised by the Nichols family. Never formally adopted, George nevertheless took the name of “Nichols.”) “Becca” was decedent’s predeceased wife. Her [786] maiden name was “Johnson.” “Beceas Bro & Sisters” are respondents Randal Leon Johnson and Ethel Johnson Devine, and Jennie Johnson Pifer, not a party to the proceedings.

[785]

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Johnson v. McCaffrey, 199 Cal. App. 2d 783, 19 Cal. Rptr. 93, 1962 Cal. App. LEXIS 2895 (Cal. Ct. App. 1962).

199 Cal. App. 2d 783 (Johnson v. McCaffrey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Estate of Nichols
199 Cal. App. 2d 783 (California Court of Appeal, 1962)