(Download) "Estate of Vincenza Ottoveggio v. Scelso" by First Appellate District, Division One District Court Of Appeal Of California # Book PDF Kindle ePub Free
eBook details
- Title: Estate of Vincenza Ottoveggio v. Scelso
- Author : First Appellate District, Division One District Court Of Appeal Of California
- Release Date : January 19, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Vincenza Ottoveggio, a childless widow, died in Boston, Massachusetts, in October, 1941. Her holographic will, written in Italian and dated March 4, 1936, has been admitted to probate in Santa Clara County, her domicile at the time of her death. By this will the testatrix made several general and specific legacies. The estate is insufficient to pay the general legacies. The general legatees, who are brothers and sisters of the deceased, and residents of Italy, through the office of the Alien Property Custodian, maintained that the deceased did not effectively dispose of certain real property described in clause "Tenth" of the will and that, therefore, such real property was available to pay the general legacies. Dr. Pasquale Scelso contended that the property in question was devised to him. The executor petitioned the probate court for instructions. The only extrinsic evidence introduced at all relevant to the issue here involved was that after the will was executed, and shortly before her death, decedent made a gift to Dr. Scelso of the securities referred to in the tenth clause of the will. The trial court determined that, properly interpreted, by clause tenth the testatrix had devised the real property to Dr. Scelso. From this order the general legatees appeal. The record consists of an agreed statement under rule 6 of the Rules on Appeal. Another portion of the will has already been before this court for interpretation. (Estate of Ottoveggio, 62 Cal. App. 2d 880 [145 P.2d 700].)
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