Russ v. Stiller

BROWN (R. M.), J.

Appellant appeals from a “Memorandum of Opinion ’ ’ rendered by the trial court with regard to the interpretation of a will involving heirship determination under section 1080 of the Probate Code.

The pretrial order shows that a non jury trial was demanded for questions of law involving the interpretation or construction of a holographic will and that a jury trial was demanded for questions of fact relating to the character, as community or as separate, of real property devised by the will as well as other property in which the decedent had some interest at the time of her…