Moore v. Duryee

WOOD (W. J.), J.

Emma Sarepta Yule died on April 16, 1939, leaving a will bearing date September 27, 1922, which was duly admitted to probate. She left the residue of her estate “to the University of the State of Washington, in trust, to be known as the Emma Sarepta Yule Fund and to be expended as hereinafter directed. Fourth: I further direct that said residue so devised, given and bequeathed to the said University of the State of Washington be held in trust by the said University and invested by the proper officers of said University, and the income therefrom be used and expended in aiding girl and women students who are partially or wholly self-supporting and who are then attending the said University of Washington-; said aid to be furnished as aforesaid to girl and women-students may be in the form of a gift or loan as, in the discretion of the proper officers of said University, may be deemed wisest, but in no event is any portion of the principal of said Emma Sarepta Yule Fund to be expended for any purpose. . . . ” The probate court made an order granting the petition of the University of Washington for ratable distribution and from this order certain heirs at law have appealed..

We find no merit in the contention of appellants that the University of Washington is not an institution which can take by will. Appellants refer to section 27 of the Probate Code, which provides: “A testamentary disposition may be made to . . . corporations formed for religious, scientific,

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literary, or solely educational or hospital or sanatorium purposes, or primarily for the public preservation of forests and natural scenery, or to maintain public libraries, museums or art galleries, or for similar public purposes. No other corporation can take under a will, unless expressly authorized by statute. ’ ’

The courts of California take judicial notice of the laws of the State of Washington (Code Civ. Proc., sec. 1875). The organization, purpose and method of government of the University of Washington are provided in sections 4544, 4545, 4554, 4557 and 4560 of Remington’s Revised Statutes, the official code of the State of Washington. In these code sections it is provided that the name of the institution shall be “University of Washington”; that the aim and purpose of the university shall be to provide for students of both sexes a liberal education in the different branches of literature, science, art, law, etc.; that the institution shall be governed by a board of regents appointed by the governor of the state; and that the board of regents is authorized to receive such bequests and gratuities as may be granted to the university and to invest or expend the same according to the terms of the bequests. The attorney general of the State of Washington is made the legal advisor of the board of regents and is authorized to “institute and prosecute or defend all suits in behalf of the same.” The university is supported by the State of Washington.