MacDonald v. Bank of America National Trust & Savings Ass'n

This is an appeal by the residuary legatees and devisees from an order of the Superior Court of San Mateo County granting a petition for partial distribution in the Estate of Betty Jo MacDonald, deceased. The court distributed the proceeds of an automobile insurance policy to the mother of testatrix who had been bequeathed an automobile by her daughter’s will, but which vehicle had been demolished in the accident which caused the death of testatrix.

The fourth paragraph of decedent's will provided as follows: “I hereby give, devise and bequeath unto my mother Buth Van Herwynen, whatever car I…