Estate Of Clark

94 Cal.App. 453 (1928)

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Nature of the Case

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Facts

Dillard, a major on the retired list of the United States army, was by his first marriage the father of three children, Edwin Howard Clark, Dillard H. Clark, Jr., and Alice Clark Myers. On July 29, 1923, Edwin Howard Clark, died, but his other two children survived him. Two weeks after the death of Edwin, Dillard was married to W; and thereafter, on February 12, 1926, he died, a resident of San Diego County, leaving her as his widow. Said decedent left no other heirs at law except his said two children and his widow. In 1922, oil was discovered on a tract of land in Noble County, Oklahoma, then belonging to Dillard. Dillard conveyed his mineral right in said land to his three children, all of whom were then living, so that each became the owner of one-third of such rights. Edwin left a document, purporting to be a will, which was offered for probate as an original proceeding both in Noble County, Oklahoma and in San Diego. Probate was contested by Dillard. The will was admitted in San Diego and Dillard appealed. That appeal has never been formally determined. If the will were invalid, Dillard was the sole heir of Edwin. A compromise was reached between Dillard and the proponents of his son's will. Half the assets were given to Dillard the court was to find that Dillard was the sole heir at law of Edwin. The other half were probated under the will. Dillard received in excess of $ 150,000 after the payment of all expenses in connection with said compromise, which said sum constituted a part of his estate which at his death passed into the hands of his executor. Dillard left a will; A trust fund for W's benefit whereby she is to receive during her life the income from securities of the approximate value of $40,000, leaving the bulk of his property to his surviving children. W waived and relinquished all rights under the will of her husband, and elected to take that portion of his estate to which under the law she might be entitled. All of the property of the estate, except the compromise of the will contest was property or the proceeds of property owned by him prior to his marriage with W, and was his separate property. The court found the property to be separate and distributing it to the two children under the will. W appealed.