Estate of Bert B. Rapp, Deceased, Richard L. Rapp, Executor - Page 29

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             to determine whether Mrs. Rapp was entitled under the                    
             decedent's will to receive annual distributions of all of                
             the income from the testamentary trust.                                  
                  Under California law, the nature of the interest given              
             by a testator to his or her surviving spouse is determined               
             in accordance with the testator's intent, as determined by               
             a construction of the language used in the will.  E.g.,                  
             Gill v. Stone (In re Estate of Dodge), 491 P.2d 385 (Cal.                
             1971); Hembree v. Quinn (In re Estate of Russell), 444                   
             P.2d 353 (Cal. 1968); Kime v. Barnard (Estate of Kime),                  
             193 Cal. Rptr. 718 (Cal. Ct. App. 1983); Talbot v.                       
             Bachelor (Estate of Casey), 198 Cal. Rptr. 170 (Cal. Ct.                 
             App. 1982); Cullinan v. Dunne (Estate of Lindner), 149 Cal.              
             Rptr. 331 (Cal. Ct. App. 1978).  Evidence concerning the                 
             circumstances surrounding the testator's execution of the                
             will, so-called extrinsic evidence, is generally admissible              
             "to determine whether a seemingly clear instrument or term               
             is actually ambiguous."  Hoover v. Hartman, 186 Cal. Rptr.               
             669, 673 (Cal. Ct. App. 1982); see also Saleen v. Aulman                 
             (In re Estate of Taff), 133 Cal. Rptr. 737, 740-741 (Cal.                
             Ct. App. 1976).  If extrinsic evidence renders the language              
             of the will susceptible of two or more meanings, then the                
             extrinsic evidence can be used to resolve the ambiguity.                 







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