Estate Of Russell

69 Cal. 2d 200, 444 P.2d 353, 70 Cal. Rptr. 561 (1968)

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Nature of the Case

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Facts

Testatrix executed a valid holographic will, leaving the residue of her estate to Quinn (D), and Roxy Russell. Quinn was a friend of testatrix. Roxy Russell was a dog which was alive at the time the will was executed, but which predeceased testatrix. The will provided a specific bequest to testatrix's niece and sole heir at law (P). P claimed that the bequest to the dog was invalid, and that, as testatrix's heir, she was entitled to half of the estate. D was permitted to introduce evidence regarding testatrix's intent to leave her estate to D, and that she intended for D to care for the dog. The probate court found that D was the residual taker under the will, and construed the bequest to the dog as merely reflecting testatrix's intent that D care for the dog.