Presbytery of Los Angeles v. Forth

HOUSER, J.

This is an appeal from an order or judgment by which a portion of the estate of the decedent was distributed to each of certain corporations either specifically mentioned or sufficiently described as a legatee by the provisions of the last will of the deceased.

That part of the will which is questioned by appellant was as follows:

“After funeral expenses are paid whatsoever property remains, is to go to the following Boards of the Presbyterian Church, U. S. A.

[208]

“One fourth to the Woman’s Board of National Missions.

“One fourth to the Board of World Missions.

“One fourth to the Mission work for Mexicans in Los Angeles Presbytery.”

It is contended by appellant that the findings of fact made by the trial court are not justified by the evidence. Without here setting forth in full the findings to which objection is made, it may suffice to state generally that in substance they were that each of the corporations either mentioned or described in the will was a religious corporation duly organized and existing; and that where in the will either of such corporations was misnamed, its identity as the corporation intended by the testatrix to take the legacy by her bequeathed to it was satisfactorily established by the evidence.

From the evidence adduced at the hearing, it appeared that the will was holographic in character; that the testatrix was an officer as well as a member of the Presbyterian church; that for several years she had served such church as a lecturer; from which it may be deduced that she was much interested along lines of Christian endeavor, indicated by the several legacies which are the subject of attack by appellant. It was also shown that a part of the work of the Presbyterian Church, U. S. A., consisted in each of such mentioned activities; in other words, that each of them was a corporation subsidiary to the parent organization, known as the Presbyterian Church of the United States of America, and that although each of such legatees had an official name as provided in its charter, nevertheless it also had another name by which, if not actually so designated, at least it was frequently so described and recognized.