142 P. 838 | Cal. | 1914
Nils F. Hassell died testate. His estate was probated in the county of Alameda. He was seventy-nine years old at the time of his death. The executor petitioned for final distribution of his estate. Three of the children of Hassell petitioned for distributive shares of the estate as pretermitted heirs of the deceased. The court held that they were not pretermitted heirs, but had been intentionally omitted from any share in the testator's bounty. From the decree following this determination these children of Nils F. Hassell have appealed.
The will contained the following provisions:
"One-half thereof to Rosa S. Theorin of Chicago, Illinois, to have and to hold unto herself, heirs and assigns forever, if she survive me, otherwise said share shall go to my son Carl J. Hagelund one-half and the other one-half thereof shall go to Signa Hagelund and Marie Valentine, both of Chicago, Illinois, shares and shares alike. . . .
"Those of my heirs not herein mentioned has been omitted by me with full knowledge thereof.
"Any of the foregoing persons or any other person or persons claiming to be heirs of mine, and not herein mentioned, making any contest of this will under any pretense shall be, by such contest, excluded from taking any part of my estate."
It is, of course, well established that before what are considered to be the "natural rights" of children to share in the inheritance of their immediate ancestors shall be taken away, the intent that they shall not so share must appear upon the face of the will strongly and convincingly. (In re Stevens,
It follows herefrom that the decree appealed from must be and hereby is affirmed.
Lorigan, J., and Melvin, J., concurred.