Estate of Munson

California Court of Appeal Sep 29, 1942 No. Civ. 13677Published

Before: Gould

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Holding. The court held that the decedent's will created a valid scholarship fund to be administered by the Regents of the University of California, and that such a bequest is exempt from the statutory limitations on charitable devises.

Issues

Whether the decedent's will sufficiently expressed an intent to create a scholarship fund to be administered by the Regents of the University of California.
Whether the bequest to the University of California is subject to the one-third limitation on charitable devises under Section 41 of the Probate Code.

Disposition. affirmed

Quotations verified verbatim against the opinion

“the paramount rule in the construction of wills is that the intention of the testator must be given effect as far as possible.”

GOULD, J. pro tem.

By a will and codicils thereto admitted to probate September 30, 1940, Mrs. Nellie A. Munson devised an estate thereafter appraised at $38,549.09. After numerous specific bequests to friends, relatives and organizations, the will, dated March 23, 1940, contains the following provisions pertinent to this appeal:

“I leave . . . [various stocks, bonds and bank accounts therein enumerated] all the foregoing for a University Permanent Scholarship Fund to be known as the ‘Munson (O. F.) Memorial Scholarship Fund, left in his memory by his wife, Nellie A. Munson. ’ The interest from this fund is to be applied annually on a University Scholarship. The Student is to be chosen by a Committee composed of the Worshipful Master of Wilshire Masonic A. F. & A. M. No. 445; Worthy Patron; Worthy Matron; and an Elementary Teacher from the Wilshire Chapter No. 329 O. E. S. of Los Angeles in cooperation with the City Supt. of Los Angeles City Schools. This student must be one who is deserving and capable and who would not be able to go without some assistance. This Committee is to remain intact and the Elementary Teacher is to be chosen by the committee each year.”

[592]

The first codicil provides as follows:

‘ ‘ Codicil. In case of my passing or being rendered physically incapable I desire Mr. H. G. Hall to have a conference with Dr. Gordon Sproul of Univ. of Calif., and arrange to have my Scholarship money placed in the hands of the Board of Regents of Univ. of Calif. The interest after my passing for this is to be used for Scholarship or Scholarships. I would like for my before stated Committee be given preference in selection of one candidate or more should there be perfect cooperation. Signed: Nellie A. Munson Mar. 26, 1940.”

The second codicil reads as follows:

“Codicil. By Univ. of Calif. I mean U. C. L. A. Nellie A. Munson April 1, 1940. ’ ’

When the executor in his petition for distribution asked that there be distributed to the Regents of the University of California the property described in the above quoted portions of the will, amounting to a total appraised valuation of $31,-388.29, objections were filed by a surviving brother and sister, heirs-at-law of said deceased and entitled to share in the distribution of said portion of the estate if the bequest for the “scholarship fund” failed. Upon trial the court ruled against objectors and they appeal.

Estate of Munson

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