Bernatas v. Honnert
California Court of Appeal
1Opinion of the CourtBray, J.
The administrator with the will annexed appeals from the order settling final account and decree of distribution.
Questions Presented
1. The correctness of the distribution of the real property which in turn depends upon the finding that it was separate property.
2. Is the restriction on the life estate of Joseph C. Bernatas “as long as he wishes while he is alone" void for indefiniteness?
Evidence
Appellant, in addition to being administrator with the will annexed, was the husband of decedent. She left a holographic will dated July 20, 1948, in which she stated that she wanted “my home at 531…
2Cases cited35 opinions
- Rice v. RiceTexas Supreme Court · 1858
- Logan v. ForsterCalifornia Court of Appeal · 1952
- Dunn v. MullanCalifornia Supreme Court · 1931
- Estate of McCarthyCalifornia Court of Appeal · 1932
- Vieux v. VieuxCalifornia Court of Appeal · 1926
30 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Estate of Young v. CommissionerUnited States Tax Court · 1998
- Estate of ArmstrongCalifornia Court of Appeal · 1966
- Estate of HighCalifornia Court of Appeal · 1967
- Brown v. MeredithCalifornia Court of Appeal · 1963
- Estate of GroveCalifornia Court of Appeal · 1977
9 more not listed; retrieve them via the Exa API.