Estate of Duke 12/5/11 CA2/4

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B227954

Case Date: 03/21/2012

Preview:Filed 12/5/11

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

ESTATE OF IRVING DUKE, Deceased. ROBERT B. RADIN et al., Petitioners and Respondents, v. JEWISH NATIONAL FUND et al., Claimants and Appellants.

B227954 (Los Angeles County Super. Ct. No. BP108971)

APPEAL from a judgment of the Superior Court of Los Angeles County, Mitchell L. Beckloff, Judge. Affirmed. Oldman, Cooley, Sallus, Gold, Birnberg & Coleman, Susan Cooley; Rodriguez, Horii, Choi & Cafferata, Reynolds Cafferata; Benedon & Serlin, Gerald Serlin, and Douglas Benedon for Claimants and Appellants. Sacks, Glazier, Franklin & Lodise and Margaret Lodise for Petitioners and Respondents.

INTRODUCTION In this proceeding to determine the rights of the parties under the holographic will of Irving Duke,1 the trial court entered judgment in favor of Robert B. Radin and Seymour Radin, heirs at law of Irving who were not named in the will, and against the Jewish National Fund (JNF) and the City of Hope (COH), two charitable organizations named in the will. The trial court concluded that the will was unambiguous, and did not make any provision for the disposition of Irvings property in the event his wife predeceased him by several years, as actually occurred, and therefore intestacy resulted. Because we fully concur with the trial courts interpretation of the will and conclude that the applicable law compels the result reached by the trial court, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In October 1984, Irving prepared a holographic will. The relevant provisions stated as follows: "I hereby give, bequeath and devise all of the property of which I may die possessed, whether real, personal or mixed, whether heretofore or hereafter acquired to my beloved wife, Mrs. Beatrice Schecter Duke . . . . [

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