Old People's Home v. Hollenbeck

Works, J. The deceased died testate, and by her will bequeathed “ to the Old Ladies’ Home of San Francisco one thousand dollars.” After the issuance of letters testamentary, the Protestant Episcopal Old Ladies’ Home filed a complaint claiming to be entitled to the legacy above mentioned, and asking that the same be distributed to it. An answer was filed by the Old People’s Home, making the same claim, and a like answer and claim was made by the Sisters of Mercy. While these different claims were pending, there was an order made by the court that the executors be finally discharged from their trust, and that the money be paid to the clerk of the court, to be held by him until the rights of the claimants thereto be determined by the court. Subsequently, the court ordered that “ J. W. Fulweiler be and he is hereby appointed to represent the executors of the estate of Emily Casement, deceased, as the residuary legatee in the matter of the contested legacy, and that said matter be heard March 20,1888.” Thereafter the said Fulweiler, pursuant to said order, filed what is termed a complaint on the part of O. W. Hollenbeck and John Butler, alleging that they, as such executors, were the residuary legatees under said will, and were the executors of said estate, setting out the bequest contained in said will, and further alleging that there was no such institution in said San Francisco, California, known as the Old Ladies’ Home; that there were three institutions in said city, that, among other things, cared for old ladies, or old women, as follows: The Pz’otestant Episcopal Old Ladies’ Home, the Old People’s Home, and the Sisters of Mercy; that it was not the intention of the said deceased to bequeath the said sum of one thousand dollars to either [138]of said claimants; that each of them were corporations, organized under the laws of the state of California prior to the year 1870, and were inhibited by the laws of said state from taking property by will; that theretofore said court had made its order discharging said petitioners from their trust as the executors of the last will and testament of said deceased; and praying that said order of the court, discharging said petitioners as such executors, be vacated and set aside. •Each of the corporations above named filed answers to this complaint, reasserting their claims to the legacy, and denying the material allegations of the petition. The court entered an order vacating the former order of the court discharging the executors, and proceeded to a hearing of the questions presented by the several claims of said legacy. The findings of the court are to the ' effect that neither of said claimants is entitled to said legacy; that the executors are the residuary legatees under said will, and, as such, entitled to the same, and the judgment of the court is rendered accordingly.