Smith v. City of Hope

Opinion

MOORE, J.*

City of Hope, sole beneficiary in decedent’s will, appeals from a judgment1 distributing decedent’s entire estate under Probate Code section 70 to the surviving wife, respondent herein.

Decedent disinherited his only living child in his will. The sole issue raised in this appeal is whether the surviving wife’s entitlement to the estate is to be determined in accordance with Probate Code section 221 or section 224.

*210Probate Code section 221 provides for distribution under the rules of succession to a surviving spouse and issue and section 224 provides for distribution to a…