Estate of Karban

California Court of Appeal May 29, 1953 No. Civ. No. 8131Published

Before: Van Dyke

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Holding. The court held that a foreign charitable institution is barred from receiving a testamentary gift under California law if it fails to meet the burden of proving that the foreign country provides reciprocal inheritance rights to American citizens, as required by Probate Code section 259.

Issues

Whether a foreign charitable institution is subject to the reciprocity requirements of Probate Code section 259.
Whether the appellant met its burden of proof regarding the existence of reciprocal inheritance rights under the laws of Czechoslovakia.
Whether the trial court's failure to make an express finding on reciprocity regarding the appellant constitutes reversible error.

Disposition. affirmed

Quotations verified verbatim against the opinion

“it is, we think, clear that the purpose of the legislation was as we have hereinabove stated it, and that this purpose would be defeated in part unless those provisions of the section were construed as including charitable gifts.”

“When, therefore, the appellant appeared in the proceedings for distribution and asserted its claim and introduced no evidence on this vital matter as to its right to take, the findings of the trial court against the existence of that right”

118 Cal.App.2d 240 (1953) Estate of JAMES KARBAN, Deceased. CHILDREN'S PLAYGROUND ASSOCIATION or TRUSTEES OF THE GRAMMAR SCHOOL OF THE TOWN OF VELKY OSEK, CZECHOSLOVAKIA, Appellant,

JOHN KARBAN Respondent.

Civ. No. 8131. California Court of Appeals. Third Dist.

May 29, 1953. Haas & Schwabe and Hubbard & Etcheverry for Appellant.

Andrew F. Burke and Ivan N. Maroevich for Respondent.

VAN DYKE, P. J.

Decedent, James Karban, died in Oakland, California, on June 22, 1948, being at the time of his death a resident of Solano County. By will executed on December 18, 1946, he disposed of his entire estate to the "Childrens Playground Association or trustees, to be used in making and bettering the playground of the Grammar School in the Town of Velky Osek, Czechoslovakia." He declared it to be his intent to give all of his estate "to the Grammar School to be used on improvement of the Grammar School playground." On November 27, 1951, the administrator with the will annexed filed his final account and report and a petition for the final distribution of the estate. He alleged that the bequest made in the decedent's will was void under section 27 of the Probate Code; that decedent's next of kin were aliens residing in Czechoslovakia and that they were disqualified to inherit the decedent's estate by virtue of section 259 of the Probate Code in that the laws of Czechoslovakia did not accord a reciprocal right of inheritance to American citizens; that John Karban, respondent herein, was a naturalized American citizen and a resident of New York State; that he was the nearest relative of decedent who was not disqualified from inheriting and that he therefore was entitled to distribution of the estate. The Czechoslovakian Counsel General filed an opposition to the petition for final distribution, wherein he took the position the bequest made in the will was valid and that distribution should be made to the named legatee. The personal heirs resident in Czechoslovakia did not appear. A hearing was held on April 9, 1951, and on April 13th following the court decreed that: 1. The bequest in the decedent's will was void as alleged in the petition; 2. That the decedent died intestate; 3. That the next of kin were disqualified; and, 4. That John Karban (respondent herein) was the nearest relative who was qualified. The court therefore distributed the entire estate to John Karban. The Counsel General has appealed.

The record on appeal consists of the clerk's transcript of estate proceedings, a reporter's transcript, to be later discussed, and certain records certified to this court after petition granted to augment the record. The clerk's transcript

Estate of Karban

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VAN DYKE, P. J.

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