Estate of Luckel

In Estate of Luckel (1957) 151 Cal.App.2d 481, testator instructed in a codicil that "it is also my wish that funds or property of my estate be invested or taken to assure my wife during her natural life a monthly income of One Hundred dollar, . . ." (Ibid.) The Court of Appeal ruled that testator intended to provide his wife with payment of $ 100 per month "absolutely without diminution or contingency . . . . The bequest is not subject to diminution resulting in a change from the rate of interest, the payment of taxes, or a failure for any reason of the funds or property to produce the amount." ( Id., at p. 490.)