- 29 - 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.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011