Law of Wills, 2016A

Accordingly, we affirm the order of the lower court.
Doss v. Kalas, 383 P.2d 169 (Ariz. 1963)
LOCKWOOD, Justice.
This is an appeal by Elsie May Doss, as executrix of the Estate of Richard H. Doss, deceased, from
an order and decision of the superior court rejecting her contention that decedent’s will have her the
right to administer the proceeds from two life insurance policies for the benefit of the two surviving
minor children.
Richard H. Doss died on the 14th day of September, 1959, a resident of Cochise County, Arizona.
During his life he had been married to two different women and there was one child of each
marriage. Elsie May Doss, to whom he was married at the time of his death, is the mother of Darryl
Preston Doss, and appellant in this action. Margaret Kalas was formerly decedent’s wife and is the
mother of Shelley Jo Doss. She, as guardian of the estate of her daughter, Shelley, is appellee herein.
At the time of his death decedent was insured by two Equitable Life Assurance Society of the
United States Life insurance policies, numbers 4161 and 4161DA, in the amount of Six Thousand
($6,000.00) Dollars each. The beneficiaries of the two policies were the minor children of the
decedent, Darryl Preston and Shelley Jo Doss, who were to share equally in the proceeds, according
to the last records received by the insurance company. Both policies reserved to the insured the right
to change the beneficiaries; policy No. 4161DA provided for a specific procedure to be followed to
effect the change, but policy No. 4161 did not.
Richard H. Doss died leaving a will. A printed form with blanks for the testator to fill in was used.
In the appropriate space is typed the name of ‘my wife, Elsie May Doss’ as executrix of the last will
and testament, and immediately thereafter the typed wording ‘and guardian of my insurance to be
divided between my son, Preston and my daughter Shelley after all funeral bills have been paid from
said insurance.’
Appellant was appointed executrix of the will by the superior court in its probate capacity. Later
appellant petitioned for appointment of herself as trustee under the will to administer the insurance
proceeds as a trust for the benefit of Preston Doss and Shelley Jo Doss. On August 26, 1960, the
court ordered her appointment as trustee of the proceeds of the two insurance policies. However,
upon motion for rehearing made by appellee, mother of Shelley Jo Doss, the court revoked the
order of August 26, 1960, and ordered the petition of appellant for appointment as trustee denied. It
further ordered that she, as guardian of the person and estate of Darryl Preston Doss, was entitled
to one-half of the proceeds of the insurance policies; and that appellee, as guardian of the person
and estate of Shelley Jo Doss, was entitled to the other one-half of the proceeds, and that appellant
should deduct from the proceeds of the insurance policies then in her possession the amount of the
funeral bill of the deceased ‘prior to division of the proceeds as herein ordered.’
Appellant claims that the will was an effective method of changing the beneficiary as to policy No.
4161 and that it created a valid trust of the proceeds of both policies which appellant as trustee was
entitled to administer.
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