Estate of Scott

217 Cal.App.2d 111 (1963) Estate of SIDNEY C. SCOTT, Deceased. FLORENCE HUGHES, as Executrix, etc., Petitioner and Respondent,

v.

SHRINERS HOSPITALS FOR CRIPPLED CHILDREN, Objector and Appellant; ANGELES MESA PRESBYTERIAN CHURCH, Legatee and Respondent.

Civ. No. 26649. California Court of Appeals. Second Dist., Div. Three.

June 11, 1963. J. Marion Wright and Owen E. Kupfer for Objector and Appellant.

Jess F. High for Petitioner and Respondent.

Robert McWilliams for Legatee and Respondent.

FILES, J.

This appeal has been taken on behalf of a charitable corporation whose bequest was reduced under Probate Code, section 41, [fn. 1] because the charitable bequests collectively exceeded one-third of the estate. Although the appeal is from the entire decree of distribution and order settling the executrix' account, no questions are argued in the briefs except as to the application of section 41.

The will of the decedent was executed approximately two months before his death. He was survived by a widow and two adult children, Jessie Miller and respondent Florence Hughes. The will in its Seventh, Eighth, and Ninth paragraphs made a series of bequests of stocks and bonds to Shriners [114] Hospitals (appellant), to the Salvation Army, and to Angeles Mesa Presbyterian Church. The succeeding paragraphs of the will were as follows:

"Tenth: All the rest, residue and remainder of my estate I give, devise and bequeath as follows:"

"(a) One-half thereof to my daughter Florence Hughes;"

"(b) To the Angeles Mesa Presbyterian Church, of Los Angeles, California, a sum equal to Five Thousand Dollars ($5,000.00) plus interest thereof for six months from March 3, 1947, at the rate of 5% per annum and plus interest thereafter at the rate of 10% per annum, compounded semi-annually, to the date of my death;"

"(c) The balance of said residue and remainder of my estate I give, devise and bequeath to my daughter Jessie Miller, if she survives distribution of my estate, and in the event she does not survive such distribution, I give, devise and bequeath said balance of the residue and remainder of my estate to my daughter Florence Hughes."