Estate of Reed

82 Cal.App.2d 448 (1947) Estate of McCLELLAN REED, Deceased, J. M. PARKER, Respondent,

v.

FEDERATION OF STATE SOCIETIES (a Nonprofit Corporation), Appellant.

Civ. No. 15980. California Court of Appeals. Second Dist., Div. Two.

Nov. 19, 1947. Edwin J. Miller, Vernon Day and Lin Price for Appellant.

Merriam, Rinehart & Merriam, Rinehart, Merriam, Parker & Berg and Jay D. Rinehart for Respondent.

McCOMB, J.

This is an appeal by the Federation of State Societies, a corporation, from an order of the probate court decreeing partial distribution of the estate of McClellan Reed, deceased.

The essential facts are these:

Mr. Reed died leaving a will dated April 13, 1944, which contained the following provision:

"Fourth: I hereby set aside $5,000.00 to establish a McClellan Reed and Edna E. Reed Foundation under the auspices of the Federation of State Societies of California. The purpose of this foundation is to carry on the work of McClellan Reed and his deceased wife, Edna E. Reed, through the writings, books, and manuscripts of all kinds and description [449] whatsoever; a reasonable sum for expenses to be allowed for the promotion and development of this Foundation to be paid out of the $5,000.00; and all net profits from said writings, books and publications, to go to the Federation of State Societies, to be used by them in any manner they see fit."

At the time of hearing of the petition for partial distribution appellant contended that it was entitled in addition to certain other assets of the estate to the $5,000 referred to in paragraph Fourth of the will, supra.

Predicated upon the will the court distributed to appellant all writings, pamphlets and manuscripts prepared by decedent and his wife, but held that appellant was not entitled to any of the $5,000 mentioned in the fourth paragraph of the will and that the same became a part of the residuary estate of decedent.

[1] This is the sole question necessary for us to determine: