Estate of Davis

California Court of Appeal May 2, 1946 No. Civ. No. 15240Published

Before: McComb

AI Brief

AI-generated · verify before citing

Holding. The court held that the testator's charitable bequests were valid and enforceable because the 1943 amendment to Probate Code section 41 prevents relatives from inheriting property from voidable charitable gifts when the will contains an effective substitutional or residuary disposition.

Issues

Whether charitable bequests exceeding one-third of the estate are invalid under Probate Code section 41 when the will contains a substitutional gift clause.
Whether the 1943 amendment to Probate Code section 41 precludes relatives from inheriting the excess portion of charitable bequests when other effective dispositions exist in the will.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The conclusion must be that the only relatives of the prescribed classes surviving Walter Davis are precluded by law and by the terms of the will from participating in any distribution of that portion of the estate bequeathed or devised to charity.”

“The 1943 amendment restores the statute, in this respect, to its status precedent to the 1937 amendment.”

74 Cal.App.2d 357 (1946) Estate of WALTER DAVIS, Deceased. JAMES B. BOYLE, Petitioner and Respondent,

PASADENA COLLEGE, Appellant; SAN FRANCISCO THEOLOGICAL SEMINARY et al., Contestants and Respondents; COMMUNITY CHEST OF PASADENA et al., Legatees and Respondents.

Civ. No. 15240. California Court of Appeals. Second Dist., Div. Two.

May 2, 1946. Roland Maxwell and Paul H. Marston for Appellant.

White & Harber and Lawrence A. Schei as Amici Curiae on behalf of Appellant.

Boyle, Holmes, Fry & Garrett for Petitioner and Respondent.

Hahn & Hahn, Irving M. Walker and D. S. Hammack for Legatees and Respondents.

Meserve, Mumper & Hughes and Walter H. Odemar for Contestants and Respondents.

McCOMB, J.

Mr. Walter Davis died October 17, 1943, leaving surviving him a sister, nephews and nieces. On July 10, 1943, he had executed a will which contained, among others, these two provisions:

"Tenth: After carrying out all the foregoing provisions of this my will, I give, devise and bequeath all the rest, residue and remainder of my estate, real, personal and mixed and wherever situated, in equal shares to the following named beneficiaries, to wit:"

Pasadena Home for the Aged, of Altadena, California;

Boys' and Girls' Aid Society, of Altadena, California;

Pasadena Preventorium, of Altadena, California;

Salvation Army, Inc., Pasadena Branch, Pasadena, California;

Los Angeles Orthopaedic Foundation, Los Angeles, California;

San Francisco Theological Seminary, San Anselmo, California;

Trustees of Pasadena College (Nazarene), Pasadena, California;

Travelers Aid Society, Los Angeles, California; and

Community Chest of Pasadena, Pasadena, California.

"In the event any of the charitable corporations or institutions hereinabove named in this Paragraph Tenth shall not [359]

Estate of Davis

AI Brief

More from California Court of Appeal

Related research

NOTES

AI Brief