Brower v. Slater

BARNARD, P. J.

Sarah C. Hood died on October 21, 1940, leaving as her sole heirs two aunts, who are the respondents here. In her will she mentioned the respondents and stated that she was leaving them nothing for the reason that they have sufficient means of their own. After making certain specific bequests, which are not here in question, she left the remainder of her estate in trust for certain named purposes, and with directions to the trustees. Upon the filing of a final account and petition for distribution the respondents filed a “Petition to Construe Will” in which it was alleged, in substance, that the trust provisions of this will are invalid, that under a proper interpretation of said provisions it should be held that the decedent died intestate as to the residue of her estate, and that said petitioners are entitled to have the residue of the estate distributed to them, share and share alike. Answers to this petition were filed and, after a hearing, findings were made and a judgment was entered in which it was adjudged and decreed that the trust provisions of said will are illegal and void, that the respondents are the sole heirs of the said decedent, and that they are entitled to share equally in the residue of said estate. The trustees named in the will have appealed from these portions of the judgment.

The ninth subdivision of the will, which is material here, reads as follows:

“In the event that there are any moneys or property in the hands of my executors after the payment of the bequests as hereinabove set forth, then and in that event I herewith give, devise and bequeath all of said money and property to Louis Slater of Fresno, California, and Gilbert H. Jertberg of Fresno, California, or the survivor of them, in trust,

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however, under the following directions and for the following purposes, to-wit:

“My said Trustees are authorized and empowered to take over any and all property or moneys which I may have and, without the necessity of first obtaining any court order therefor, pay either the income therefrom or the principal thereof to such charities or to such individuals or to such charitable organizations as they shall see fit. They may turn over said moneys in such sums or amounts as they shall see fit, having in mind at all times, however, that it is my express intention and desire to have said moneys and property used by my said Trustees for such purposes as shall do the most good to charities or individuals who are in need of assistance. It is further my desire that my Trustees shall try to aid those individuals and those organizations and those charities where the moneys which are given to them shall do the most direct good, it being my intention and desire that said moneys shall be used for such purposes as will secure a direct benefit to the sick, blind, and those in need of support, and that such moneys shall not go to any organization which has an overhead to carry on, but shall go, as hereinbefore specified, where said moneys and all thereof can do the most direct good.