Bank of America v. Brown

BROWN (Gerald), P. J.

The respondent, Bank of America, as executor of the estate of Evelyn J. Brown, petitioned the probate court for instructions and to determine heirship. It was decreed that a specific nonrelated devisee, Gladys Giolitto, take certain realty subject to an existing deed of trust, and that Giolitto was not entitled to exoneration of this encumbrance out of the residuum which was willed by decedent to relatives. The decree recite'd that the decedent did not intend exoneration, and that it is not required by law.

All realty owned by decedent was held in her name only. Decedent…