Estate of Gatlin

California Court of Appeal Apr 13, 1971 No. 1241Published

Before: Gargano

AI Brief

AI-generated · verify before citing

Holding. The court held that the cy pres doctrine applies to save charitable bequests where the named institutions cannot be identified, provided the testator manifested a general charitable intent to benefit a class of recipients rather than specific entities.

Issues

Did the testator's charitable gifts lapse because the institutions named in the will could not be identified?
Should the cy pres doctrine be applied to carry out the testator's charitable purpose when the named institutions cannot be identified?

Disposition. reversed

Quotations verified verbatim against the opinion

“The sole issue, therefore, is this: Did the testator's charitable gifts lapse because the institutions referred to in his will cannot be identified by the names used, or should the cy pres doctrine be applied”

“The Creech rationale is the enlightened viewpoint.”

“The judgment is reversed, and the superior court is directed to appoint a trustee or trustees to carry into effect the testator's evident desire to aid blind persons and crippled children”

16 Cal.App.3d 644 (1971) 94 Cal. Rptr. 295 Estate of HENRY W. GATLIN, Deceased

CROCKER-CITIZENS NATIONAL BANK, as Executor, etc., Petitioner and Respondent,

FRANCES GATLIN YATES, Claimant and Respondent.

SAN FRANCISCO LIGHTHOUSE FOR THE BLIND et al., Claimants and Appellants.

THOMAS C. LYNCH, as Attorney General, etc., Objector and Appellant.

Docket No. 1241. Court of Appeals of California, Fifth District.

April 13, 1971. [646] COUNSEL

Crimmins, Kent, Bradley & Burns, Brobeck, Phleger & Harrison, Levinson & Edgeman, Ronald W. Edgeman and Robert Wesley Williams for Claimants and Appellants.

Thomas C. Lynch, Attorney General, and G.A. Strader, Deputy Attorney General, for Objector and Appellant.

Price, Martin & Crabtree and E. Dean Price for Claimant and Respondent.

No appearance for Petitioner and Respondent.

OPINION

GARGANO, J.

This is an appeal by several charitable organizations from a final decree of distribution distributing the entire estate of Henry W. Gatlin to decedent's daughter, his sole surviving heir at law. Also appealing is the Attorney General under his duty to protect charitable trusts "because of the parens patriae position of the state with respect thereto." (People v. Cogswell, 113 Cal. 129 [45 P. 270].)

The facts are undisputed. Henry W. Gatlin died testate on September 13, 1967. His holographic will dated September 29, 1953, named the [647] Crocker First National Bank as executor and bequeathed the sum of $1,000 to the decedent's daughter, Frances C. Gatlin. The residue of the decedent's estate was devised and bequeathed as follows: "... the Balance of my Estate to be equally divided between the home for the Blind and home for crippled children here in San Francisco, Calif."

Estate of Gatlin

AI Brief

OPINION

GARGANO, J.

More from California Court of Appeal

Related research

NOTES

AI Brief