Mallarino v. Superior Court

Petitioners allege they are beneficiaries under the will of George Anthony Kearns, who left all his estate to his fiancée Emma Traung Hammersmith and made her executrix of Ms will, but in a separate provision directed her to provide for the petitioners, his nieces. The executrix petitioned the superior court for instructions as .to the interpretation of this provision. That court held that the words were precatory. On appeal this court held them to be mandatory. The Supreme Court took over and held that the clause was of uncertain meaning and that the superior court had erred in refusing to…