Estate of McKenzie

227 Cal.App.2d 167 (1964) Estate of ROBERT O. McKENZIE, Deceased. UNITED CALIFORNIA BANK, as Executor, etc., Petitioner and Respondent,

v.

STANLEY MOSK, as Attorney General, Objector and Appellant; MARIAN SHEPARD et al., Claimants and Respondents.

Civ. No. 27921. California Court of Appeals. Second Dist., Div. Four.

May 12, 1964. Stanley Mosk, Attorney General, and Carl Boronkay, Deputy Attorney General, for Objector and Appellant.

William Levin, Justin Graf and L. H. Pemberton for Petitioner and Respondent and Claimants and Respondents.

KINGSLEY, J.

Robert O. McKenzie died testate leaving a holographic will. The only portion of said will in dispute herein declares:

"I want a trust to be formed payable as a reward to the person who decides the cause of Rhomatoid [sic] Arthritis and a cure for the same to the satisfaction of the Medical Board of the University of Calif. at L.A."

United California Bank, as executor of the above entitled estate, filed a petition for a decree determining interests in estate under section 1080 of the Probate Code and for instructions to executor under section 588 of the Probate Code. In response thereto a statement of interest was filed by the Attorney General of the State of California asserting that, under the terms of the decedent's will, the residue of the estate constitutes a valid charitable trust. The Regents of the University of California filed a statement regarding the qualifications and willingness of the Regents of the University of California to serve as testamentary trustee. A statement of interest in the estate was filed by Marian Shepard alleging she is a niece and heir-at-law of the decedent and contending that the above quoted portion of the will is invalid and, accordingly, the residuary estate (which this clause purports to dispose of) passes by intestacy to the heirs-at-law of the decedent. [169]

The petition to determine interests in the estate came on regularly for hearing, at which hearing only evidence of the relationship to the decedent of persons claiming to be his heirs-at-law was presented. No conflicting evidence was presented and no dispute exists on this matter. Following the trial, the court found that the above quoted will provision did not qualify as a charitable trust, and failed as a private trust for lack of an identifiable beneficiary or beneficiaries and because the interest of the beneficiary or beneficiaries violated the rule against perpetuities in that the interest or interests may not vest within the period required by law. As a conclusion of law, the court declared the aforesaid residuary clause invalid and that, "All property of decedent disposed of by the above quoted provision of decedent's last will shall go and be distributed to decedent's heirs-at-law by intestate succession." Accordingly, the trial court entered its decree determining interest in estate, ordering the residue of the said estate distributed in equal shares to the five heirs-at-law surviving the decedent.