In re Estate of Jones

Citations

• 2 Coffey 178

Syllabus

<p>Substitutional Legacies.—Where a Decedent Leaves Two Testamentary Instruments which are admitted to probate as his last will, in each of which he bequeaths to several persons, respectively, the same amounts, and denominating each instrument as his last will, such language constitutes intrinsic evidence of the testator’s intention, and the legacies in the latter instrument are substitutional for those contained in the former.</p> <p>Charities—One-third of Estate—Conflict of Laws.—Where a testator leaves real and personal property in California and real property in other states, and devises one-third of his estate to charities, the courts in this state cannot take into account the property situated beyond their jurisdiction in determining what one-third of the estate is.</p> <p>Charities—One-third of Estate—How Determined.—The word “estate,” as employed in section 1313 of the Civil Code, means estate in California. The one-third of the estate which may be given to charity is one-third of the distributable assets of the estate.</p> <p>Residuary Clauses.—Where Two Testamentary Instruments are Admitted to Probate as the last will of the testator, each instrument in itself being complete as a will and each containing a residuary clause, the two clauses are inconsistent and the latter clause prevails, unless it fails in whole or in part, in which event the residuary clause of the prior will operates.</p> <p>Residuary Clauses—Charities.—In this Case it is Held that the Residuary legatees under a former will take the residuum of the estate, which is beqeathed to charities by the residuary clause of a latter will, but which they are unable to take by virtue of the restrictions imposed by section 1313 of the Civil Code.</p> <p>Wills—Several Instruments.—The Rule of Construction is substantially the same where there are several wills to be harmonized, as where there are several clauses in the same will and codicils.</p> <p>Wills—Transposition of Order of Bequests.—Where it a