Fraternite Franco-Americaine v. Regnier

California Court of Appeal May 18, 1932 No. Docket No. 8157.Published

Before: Tappaan

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Holding. The court held that a testamentary bequest to an inaccurately named charitable beneficiary should not fail for uncertainty when extrinsic evidence sufficiently identifies the intended recipient. The trial court erred by failing to correct the misnomer under the Probate Code given the evidence of the testator's intent and connection to the appellant organizations.

Issues

Whether a testamentary bequest to the 'French Orphans of France' is void for uncertainty due to the lack of an organization by that exact name.
Whether extrinsic evidence may be used to identify the intended beneficiary of a charitable bequest containing an imperfect description or misnomer.

Disposition. reversed

Quotations verified verbatim against the opinion

“The imperfect description of appellants in the will in the instant case is one that the trial court should have, under the circumstances presented here, corrected.”

“A name, at best, is but the handle upon which we seize in an effort to establish an identity.”

“The judgment and decree appealed from is reversed.”

[515]

TAPPAAN, J.,

pro tem.

Josephine Regnier died April 17, 1928, leaving an estate subject to administration. On December 23, 1927, she had executed an holographic will, which will, after her death, was duly admitted to probate as her last will and testament. This will contained, among other provisions, the following bequest: “I hereby bequeath to the French Orphans of France, one-third of my Estate.” In due course of administration the executrix of her estate presented her final account and petition for distribution. In this petition the executrix alleged that, “one-third of the property on hand should be distributed to the French Orphans of France”.

Two sisters of the deceased, the contestants here, filed objections to the final account and petition for distribution in which they alleged: “That under the terms of said will one-third of said estate is bequeathed to the ‘French Orphans of France’, and said objectors hereby allege that said devise is so uncertain that the same cannot be properly carried out and they further object that the said French Orphans of France are not authorized or entitled to receive a legacy under said will.” Appellants and their associated charitable corporation, The Fatherless Children of France, Inc., filed an answer to these objections. This answer alleges that The Fatherless Children of France, Inc., was organized in 1918 as a charitable, nonprofit corporation, under the laws of the state of New York, for the purpose of raising funds for the relief of the orphan children of France. That the French War Orphans Relief was organized for the purpose of receiving funds to be used in the care and relief of the orphan children of France and carried on the work of The Fatherless Children of France, Inc., after it had discontinued its active campaign for funds in 1921. The answer further alleges that Fraternite Franco-Americaine was a corporation organized under the laws of France in 1915, for charitable purposes and that it has at all times acted in conjunction with the other appearing organization in the actual expenditure in France of the funds collected by them in America. The answer also denied each allegation of the objections. A hearing was regularly had upon the objections and the court sustained the objections and by its decree ordered that the one-third of the estate provided to pass to the

Fraternite Franco-Americaine v. Regnier

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TAPPAAN, J.,

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