Estate of Jackson

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 488 OPINION

Wilma Lempie Jackson, decedent, left a holographic will which was admitted to probate on May 5, 1977. Bruce A. Altman, public administrator, was appointed administrator with-will-annexed. On November 2, 1977, the public administrator filed a petition to determine entitlement to distribution. The last portion of decedent's holographic will (exhibit 1 attached to this opinion) reads as follows: ". . . and the rest to the heart fund after my bills are paid up." The petition alleges that two associations, namely the American Heart Association, Greater Los Angeles Affiliate (American Heart Association), and Memorial Heart Research Foundation (Memorial) had made claim to the residue. The public administrator sought direction from the court on which organization was entitled to the residue of the estate.

The court's pertinent findings of fact are as follows:

"3. There is no clear indication as to who Decedent was referring to when she directed in her holographic Will dated September 1, 1974, that the residue of her Estate be distributed `to the heart fund.'

"4. By directing in her holographic Will dated September 1, 1974, that the residue of her Estate be distributed `to the heart fund,' Decedent *Page 489 intended to bequeath the residue of her Estate to charitable organizations actively soliciting funds for or carrying on heart research[1]

"5. Memorial Heart Research Foundation and American Heart Association, Greater Los Angeles Affiliate, are charitable organizations actively soliciting funds for or carrying on heart research.

"6. Neither American Heart Association, Greater Los Angeles Affiliate nor Memorial Heart Research Foundation have been able to establish any connection or relationship to the Decedent."

The findings of the trial court end with a determination that the two associations are each entitled to one-half of the residue.

Although there is no specific finding that the court applied the cy pres doctrine, it is clear that the court did so in making its final determination. During the hearing, the court noted that neither party had been able to establish any relationship with the decedent, and then proceeded to say: "So I suppose the best way to do it is to play Solomon and give half of it to each of you. [¶] I can't do much more than that. My personal belief is that the Heart Fund, or the American Heart Association, is the one that does the most advertising and is probably the most widely known. I frankly don't know too much about the Memorial Heart Research Foundation, myself. And if I were going to give a gift to the Heart Fund, I suppose it would go to the American Heart Association. [¶] But without any intent being shown, I think the fairest thing to do is to divide it between the two of you."