Berryessa v. Murphy

Opinion

TAYLOR, P. J.

Gary Beriyessa and Rene Deane, the contingent beneficiary and trustee, respectively, of a testamentary trust, appeal from a decree denying their petition for heirship and determining that the decedent’s only heirs at law, his parents, J. Frank Murphy and his wife Marjorie, were the only persons entitled to the estate. The principal question presented is whether any of the documents executed by Marilyn Murphy, the testator’s former wife, constituted a disclaimer of her interests in the decedent’s estate, pursuant to Probate Code sections 190-190.10. For the reasons set…