Redelsheimer v. Zepin

• Decision Date: 10 January 1919
• Docket Number: 14838.
• Citation: 177 P. 736,105 Wash. 199
• Court: Washington Supreme Court
• Parties: REDELSHEIMER v. ZEPIN et al.

177 P. 736

105 Wash. 199

REDELSHEIMER v. ZEPIN et al.

No. 14838.

Supreme Court of Washington

January 10, 1919

Department 2.

Appeal from Superior Court, King County; John S. Jurey, Judge.

Proceeding by Glorvina Redelsheimer, as executrix of Julius Redelsheimer, deceased, against Laura Zepin and others for the construction of decedent's will. From the order defendants appeal. Affirmed.

Chas Ethelbert Claypool, Karl H. Kober, and Hastings & Stedman all of Seattle, for appellants.

Wright Kelleher & Allen and Peters & Powell, all of Seattle, for respondent.

MOUNT, J.

The question presented upon this appeal is the construction of a will of Julius Redelsheimer, deceased. Prior to his death Mr Redelsheimer made a will, the first two paragraphs of which are as follows:

'I. I direct that my executrix and executor hereinafter named, to wit, Glorvina Redelsheimer and Benjamin Moyses, as soon as they have sufficient funds in their hands, belonging to my estate, pay my funeral expenses, expenses of my last illness and all just debts, demands and charges, of every kind and nature, properly chargeable against my estate.

'II. It was formerly my intention to give, bequeath and devise to my beloved wife, Glorvina Redelsheimer, all of my estate at the time of my death, in appreciation of the great assistance she has rendered me in accumulating the property possessed by us, but our money and property has become such an amount that I feel that her community interest, being one-half (1/2) of our entire estate, will afford her all the money and property needed or desired by her and that our entire estate would be a burden to her.

'I therefore give, bequeath and devise to her one-half (1/2) of our estate, the same being her community interest therein, and I also give and bequeath to her all household furniture, furnishings, personal effects, automobiles or other conveyances and all my jewelry.'

The will then makes several bequests to charitable institutions and to nephews and nieces. After Mr. Redelsheimer's death, the will was regularly probated in the superior court of King county. Thereafter, Benjamin Moyses, one of the executors, died, and Mrs. Redelsheimer thereafter continued to act as sole executrix. Pending the administration, the question arose whether the community debts should be paid pro rata by the whole estate, or whether these debts should be paid from the estate of the deceased, being one-half the community estate. Upon a hearing before the superior court of King county for the purpose of construing the will, it was adjudged that----

The will of Mr. Redelsheimer 'charged the payment of all of his debts and obligations, including the debts and obligations of the marital community of himself and his wife, Glorvina Redelsheimer, upon his one-half interest in the community property of the said marital community. * * *'

This appeal is prosecuted from that order.

It is argued by the appellants that, because the statute, at section 1342, Rem. Code, provides that upon the death of either husband or wife one half of the community property shall go to the survivor, subject...