Bartlett v. Milligan

California Court of Appeal Apr 6, 1932 No. Docket No. 780.Published

Before: Barnard

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Holding. The court held that the testamentary trust created for the purpose of providing scholarships to worthy students is a valid public charitable trust and is not invalidated by the testator's incidental suggestion regarding the retention of specific property.

Issues

Whether a trust for the education of an indefinite class of beneficiaries is a valid public charitable trust.
Whether the trust violates Civil Code section 1313 regarding charitable bequests.
Whether the inclusion of a suggestion to retain specific property for an 'object lesson' invalidates the trust's primary charitable purpose.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The fact that the beneficiaries constitute an indefinite class does not make such a trust void, but is in itself one of the requisites to its validity.”

“It clearly appears that the intention of this testator was that the entire net income from the trust property should be used to assist worthy young people in obtaining an education.”

BARNARD, P. J.

W. P. Bartlett died on July

1929, leaving as his only heirs and next of kin a half sister and a half brother, the latter being the contestant herein. He left a will in which, after making certain bequests, he left the bulk of his estate, consisting of about $30,000 worth of property, in trust to three trustees. These trustees were given full power to control and manage the property; to collect and receive all income and pay all expenses in connection therewith; to sell and convert any and all of the property into cash; and to invest and reinvest from time to time, in their own discretion, all trust funds, including the proceeds of any sale of any property. It was then provided that the net income should be used as follows:

“The entire net income received or derived from the trust estate shall be used and applied by my . said Trustees for the assistance of such worthy, talented, industrious and needy young men or young women residing in the State of California, as shall be selected by said Trustees, and for the purpose of enabling any such young man, or young woman to pursue his or her studies, or develop his or her talent in any school or university in the State of California. I direct that said income shall by my said Trustees be either loaned to the designated beneficiaries at small interest rate, or be given outright, as shall in the judgment of said Trustees seem advisable.

“I have for many years been greatly interested in young men and young women of special talent and industry, and I hope by means of the trust fund hereby created to serve the public interest and welfare by the development of talent and ability.”

During the course of the probate proceedings a petition for distribution in accordance with the terms of the will

[377]

was filed, which was opposed by this contestant on the ground that the trust provisions of the will are invalid and that the contestant and the half sister aré entitled to have the residue of the estate distributed to them. Distribution was ordered in accordance with the prayer of the petition and this appeal followed. Reversal is asked upon three grounds, which will be taken up in order.

Bartlett v. Milligan

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BARNARD, P. J.

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