In Re Estate Of Duke

352 P.3d 863 (2015)

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Nature of the Case

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Facts

When Irving Duke was 72 years of age, he prepared a holographic. He left all of his property to “my beloved wife, Mrs. Beatrice Schecter Duke,” who was then 58 years of age. He left to his brother, Harry Duke, “the sum of One dollar.” He provided that “should my wife … and I die at the same moment, my estate is to be equally divided- [¶] One-half is to be donated to the City of Hope in the name and loving memory of my sister, Mrs. Rose Duke Radin. [¶] One-half is to be donated to the Jewish National Fund to plant trees in Israel in the names and loving memory of my mother and father- [¶] Bessie and Isaac Duke.” The will appointed Beatrice, the executrix of the estate. Irving died in November 2007, leaving no spouse or children. The City of Hope (COH) and the Jewish National Fund (JNF), petitioned for probate and letters of administration. Robert and Seymour Radin (the Radins) filed a petition for determination of entitlement to estate distribution. The Radins are the sons of Irving's sister, Rose Duke Radin, who predeceased Irving. Their petition alleged that they are entitled to the distribution of Irving's estate as Irving's sole intestate heirs. There was no provision in the will for disposition of the estate in the event Irving survived Beatrice. COH and JNF offered extrinsic evidence to prove that Irving intended the will to provide that in the event Beatrice was not alive to inherit Irving's estate when Irving died, the estate would be distributed to COH and JNF. The court concluded that the will was not ambiguous, and declined to consider extrinsic evidence of Irving's intent. The Radins got the judgment, and the Charities appealed. The Court of Appeal affirmed.