Mallan v. Samowich

OPINION OF THE COURT

Asch, J.

Plaintiff George Malian and defendant Gucki Samowich are brother and sister. Their mother, Joan Malian, a California domiciliary, died on May 27, 1979. Her will, which *250was executed in 1977, left the bulk of her estate, through its residuary clause, to her daughter, the defendant, who also was named executrix. It appears that this constituted a major change from a previous will. Apparently, the decedent was motivated by ill will toward plaintiff’s wife, Lynn Malian. There is no dispute that four days after the mother’s death, the parties executed an “agreement of…