Opinion
No. A150132 No. A150134 No. A150135 No. A150138.
01-09-2019
FIREMAN'S FUND INSURANCE COMPANY, Intervener and Respondent. WILLIAM MECHLING, Plaintiff and Appellant, v. ASBESTOS DEFENDANTS, Defendants
[Modification of opinion (30 Cal.App.5th 558; ___ Cal.Rptr.3d ___).]
THE COURT. — IT IS ORDERED that the opinion filed herein on December 19, 2018, be modified as follows:
1. On page 3, second sentence of the first full paragraph [30 Cal.App.5th 561, advance report, 6th par., line 6], replace the word "heirs" with "issue," so the sentence reads:
The court first determined that because Ambrose was not related by blood to Stockird, she was not "kindred" within the meaning of California's "antilapse" statute, section 21110, subdivision (c) (section 21110(c)), and accordingly, the 35 percent gift did not pass to Ambrose's issue under section 21110.
Footnote 3 in the sentence remains unchanged.
2. On page 4, second sentence of the first full paragraph [30 Cal.App.5th 562, advance report, 2d par., line 2], replace the word "heirs" with "issue," so the sentence reads:
First, Ambrose's issue are not entitled to her share under California's antilapse statute.
3. On page 7, in the second to last sentence on the page that begins "In other words" [30 Cal.App.5th 565, advance report, 1st partial par., line 14], replace the word "heirs" with "issue," so the sentence reads:
In other words, if the antilapse statute applied, the lapsed residuary gift would pass to the residuary devisee's issue, but if the antilapse statute did not apply, the gift would pass to the other residuary devisees.
4. On page 8, footnote 7 [30 Cal.App.5th 565, advance report, fn. 7, lines 2 & 3], replace the word "heirs" with "issue," replace "§ 2-606, pp. 591-592" with "§ 2-605, pp. 587-588," so the footnote reads:
Uniform Probate Code section 2-605, like section 21110, was the antilapse statute, which provided for disposition to a devisee's issue if a gift lapsed. (8 pt. I West's U. Laws Ann., supra, U. Prob. Code, § 2-605, pp. 587-588.)
5. On pages 8-9 [30 Cal.App.5th 566, advance report, 1st partial par., line 9], in the carryover sentence that begins "As that comment makes clear," replace the word "heirs" with "issue," so the sentence reads:
As that comment makes clear, if a residuary gift lapses and the antilapse statute applies, the antilapse statute governs and the gift goes to the devisee's issue rather than the other residuary devisees.
There is no change in the judgment.