Estate of Brown

California Court of Appeal Apr 10, 1956 No. Civ. 8807Published

Before: Van Dyke

AI Brief

AI-generated · verify before citing

Holding. The court held that a charitable trust is not void for uncertainty where the purpose is clearly defined, and that a determination of whether a charitable bequest exceeds statutory limits under Probate Code section 41 may be deferred until the termination of intervening life estates.

Issues

Whether the testamentary trust is void for uncertainty regarding its objects, purposes, and beneficiaries.
Whether the charitable bequest violates Probate Code section 41 regarding the one-third limitation on charitable gifts.
Whether the trial court erred in reserving jurisdiction to determine the validity of the charitable remainder until the termination of intervening life estates.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The bequest herein for “the relief of human misery” is for a charitable use and is sufficiently certain.”

“We cannot speculate as to which of the two contingencies may occur. What the proportionate value of the remainder will be cannot now be ascertained. Therefore, such determination may be properly deferred until such time as the future events”

“The trial court correctly upheld the validity of the charitable trust.”

VAN DYKE, P. J.

This is an appeal from a decree settling the final account of the executors and ordering distribution of the entire estate of Harry 0. Brown, deceased, to Winnie Dorner and Henry Dorner, or the survivor of them, as trustees.

Appellant is the aged mother and sole heir of the deceased whose will, which was admitted to probate, provided:

[678]

“I hereby give, devise and bequeath all of my estate, real, personal and mixed, In Trust, nevertheless for following named purposes and uses and benefits as hereinafter stated:

“1. One-half of the net income, or the sum of $75.00 per month, whichever sum is the greater, shall be for the use and benefit and the maintenance of my step-son, Ward- Travis, for and during his lifetime.

“2.

The remainder of the net income derived from said trust estate, after payment of the provisions hereinbefore made for the said Ward Travis, shall be paid out and shall be for the use and benefit of Henry Dorner and Winnie Dorner, his wife, or the survivor of them, for and during the lifetime of the survivor of them.

“3. Upon the demise of all three of said persons, towit: Ward Travis, Henry Dorner and Winnie Dorner, his wife, my said estate shall be liquidated and the corpus thereof I hereby give, devise and bequeath to the Shriner’s Hospital of San Francisco, California, for the establishment of a Fund to be known as the Geneva May Brown and Harry 0. Brown Fund, which said Fund shall be used by the said Shriner’s Hospital for such purposes as in the discretion of the Directors of said Hospital will accomplish the greatest good in the relief of human misery.

“Fourth:

For and during the lifetime of the said Henry Dorner and Winnie Dorner, his wife, or the survivor of them, they are hereby appointed as Trustees to administer the Trust hereinbefore created.

“a. Upon the demise of the said Henry Dorner and Winnie Dorner, his wife, then the Bank op America, N. T. & S. A. is hereby appointed Trustee to administer the Trust hereinbefore created.

Estate of Brown

AI Brief

VAN DYKE, P. J.

More from California Court of Appeal

Related research

AI Brief