Estate of Gardner

Opinion

NEWMAN, J.

Beryl Gardner Lane appeals from a judgment awarding one-third of Maud Gardner’s estate to Edwin Gardner, who the trial court ruled was a pretermitted heir under Probate Code section 90. The issue is whether the general disinheritance clause in Maud’s will cuts off the rights of Edwin, who was not named. 1 Beryl is Maud’s daughter; Edwin is a grandson; his father (Maud’s son) predeceased Maud.

Maud’s will was executed in 1969, when Beryl was Maud’s only surviving child. Besides Edwin, two other grandchildren survived Maud. Edwin argues that he is entitled to a share of Maud’s…