Pratt v. Lynch

270 Cal. App. 2d 31, 75 Cal. Rptr. 359, 1969 Cal. App. LEXIS 1499
CourtCalifornia Court of Appeal
DecidedFebruary 21, 1969
DocketCiv. No. 32679
StatusPublished
Cited by1 cases

This text of 270 Cal. App. 2d 31 (Pratt v. Lynch) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pratt v. Lynch, 270 Cal. App. 2d 31, 75 Cal. Rptr. 359, 1969 Cal. App. LEXIS 1499 (Cal. Ct. App. 1969).

Opinion

FLEMING, J.

The Attorney General, as protector of charitable trusts, appeals a judgment determining that $25,000 in the estate of C. Marie Becker passed by intestacy to Emily B. Becker, the testatrix’ next of kin, and not to a trust created by the will. The principal issue is whether the testatrix ’ will disposed of all her property or only part of it.

At the age of 82 Miss Becker wrote the following holographic will:

“Last Will of C. Marie Becker
“Aug 2,1960
“ C. Marie Becker
111351 N. Orange Drive
11 Hollywood, Calif.
“I do hereby make this statement that I am of sound mind and judgment and make my last will and testament as follows : All income derived from my several bank accounts, also all income derived from all my stocks to be paid to my sister Emily B. Becker as long as she lives, and after her death all above incomes to be paid to Braille Institute of America, Inc., 741 North Vermont Ave., Hollywood, California, and hereby appoint upon my death Security First Nat. Bank, 6777 Hollywood Blvd., Hollywood Calif, to act as Executor and Trustee of all above properties without bond.
“C. Marie Becker,
“1351 N. Orange Dr., Hollywood, Calif.”

There was no evidence that at the time Miss Becker wrote her will she had any substantial property other than savings accounts and stocks. In January 1961 she purchased a single-premium nonrefundable annuity for $10,000. In February 1961 she purchased a second annuity for $10,000, and in April [33]*331961 a third for $8,035. in March 1964, using funds from the sale of stocks and funds from her savings accounts, she purchased a single-premium nonrefundable annuity from Occidental Life Insurance Company for $41,500. From this last annuity Miss Becker collected the first monthly installment of $650 on 1 April, and then died on 17 April 1964. Her estate was appraised at $6,425, of which $6,345 consisted of six savings accounts and $80 of miscellaneous personal effects.

The administratrix of the estate sued Occidental to recover the $41,500 paid for the annuity on the ground Miss Becker had been incompetent at the time of its purchase, and the suit was settled for $25,000. This is the money which the trial court determined had not been disposed of under Miss Becker’s will.

On appeal the Attorney General contends that the bequest in the will amounted to a general legacy of all assets derived from savings accounts and stocks and hence the money recovered from Occidental passed under the will into the trust. Additionally, he argues that even if the bequest is considered a specific legacy, it did not adeem but continued in being in the form of the $25,000 settlement. In opposition, respondent Emily B. Becker contends the money was the product of an unliquidated claim of the estate, not disposed of by will, and therefore passed to her under the laws of succession.

In our review of the case we reach the result sought for by the Attorney General but on somewhat different legal reasoning and under a somewhat different interpretation of the will.. Perhaps some brief digression on fundamentals may help explain our views.

Under our system of law disposition of property after death is a privilege which the individual is entitled to exercise freely. In permitting the individual to dispose of property as he- wills rather than having it disposed of under fixed rules created by the state, as do many of the civil law systems, we necessarily require the courts to honor the wishes of the deeedé’nt and follow his directions. This process is generally referred to as carrying out his intent. By intent we mean, narrowly, ‘ what the testator had in his mind, and, broadly, how he desired to dispose of his property. Generally, relevant intent is what the testator had in mind at the time he made his will, but changed circumstances between the time of the will and the time of its proof often overrun the particular events the testator had in mind and force the courts to con[34]*34sider the broader implications of the testator’s disposition. Because of the inherent difficulty in relating past intent to present disposition, courts take a liberal approach to the problem and do not require the same precision and accuracy in the disposition of property by will that they require for disposition by grant deed or gift.

Yet courts cannot construe wills solely on the basis of the testator’s intent, entirely divorced from the language and expression used in the testator’s will. Intent must be manifested through words or conduct; inarticulated intent and unexecuted intent do not provide a suitable foundation to effectuate a legal act. Even where we may reasonably deduce probable intent we still require some appropriate expression of that intent and some degree of consistency between the intent and its expression before we can conclude that intent has revealed itself in conduct. This requirement is basic to any system which permits the testator to dispose of his property on his own terms rather than on terms established by the state, because if we regularly permit the courts to range too far afield from the expression of the testator’s intent, then we run the risk that courts will substitute what they think the testator’s intent should have been for what it actually was. While judges may pan the stream for golden nuggets of intent, they are required to stay within the banks of the testator ’s actual expression.

One other legal fundamental is relevant, the preference in favor of testacy expressed in Probate Code section 102: ‘1 The words of a will are to receive an interpretation which will give to every expression some effect, rather than one which will render any of the expressions inoperative; and of two modes of interpreting a will, that is to be preferred which will prevent a total intestacy. ’ ’

With these legal considerations in mind we return to Miss Becker’s will. We think it a reasonable inference that she intended by her will to dispose of her entire property and to put it all into a testamentary trust with a life estate to her sister and the remainder to Braille Institute. We infer this from'the apparent fact that at the time she wrote her will she .did. provide for the disposition of all her then existing property. y

. This brings us to the critical question in the case: was her intent expressed with sufficient clarity to enable us to carry out her purpose? Here we are confronted with the phenomenon of the garrulous layman who says too much. If Miss [35]*35Becker had merely written that all income should go to her sister for life and then to Braille Institute, construction of her will would present no problem. But as so often happens repetition and tautological duplication merely call up the ghosts of uncertainty which they were designed to dispel. Miss Becker, after disposing of “all income,” proceeded to elaborate her meaning by adding the words 1 ‘ derived from my several bank accounts, also all income derived from my stocks. ’ ’

To state the problem in legal terms: are the words which follow the expression “all income” words of limitation which qualify the preceding bequest, or are they words of enlargement

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Related

Estate of Becker
270 Cal. App. 2d 31 (California Court of Appeal, 1969)

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Bluebook (online)
270 Cal. App. 2d 31, 75 Cal. Rptr. 359, 1969 Cal. App. LEXIS 1499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pratt-v-lynch-calctapp-1969.