Church Home for Children of the Protestant Episcopal Church in the Diocese v. Lawrence

THE COURT. We are here confronted with a motion made by appellant David and Margaret Home for Children, Inc., for a dismissal of its appeal and for an order directing the lower court to enter a judgment for partial distribution in accordance with a stipulation signed by the aforesaid appellant and respondent heirs.

The case involves the respective claims of two charitable organizations, to wit, Church Home for Children of the Protestant Episcopal Church in the Diocese of Los Angeles, and David and Margaret Home for Children, Inc., as against the nine heirs at law of the decedent, Philip E. Lawrence.

By his last will, decedent provided that his estate in its entirety should be invested in a life annuity in favor of and [379]payable to his friend, one Walter C. Black, and that such contract of annuity should provide for repayment to the testator’s executors of the principal unused in the payment of annuities, in the event of Black’s death before all of the money to be used in purchasing the annuity was consumed under the contract, and that in the event that any such refund be made all of such money so refunded should be paid, share and share alike, to the two charitable corporations above named.

The annuitant, Black, predeceased the testator, and, after the will was duly probated and the time for notice to creditors had expired, the heirs at law petitioned the superior court sitting in probate for a distribution of the entire estate to the petitioning heirs. The two charitable corporations appeared in opposition to the petition and sought distribution to themselves, each claiming one-half of the estate. It might here be noted that the will in question was executed more than thirty days prior to the testator’s death, and at no time does it appear that any question was raised concerning the contingent bequests of more than one-third of the estate to charity. (Sec. 41, Prob. Code.)

When the aforesaid petition of the heirs, the objections thereto, and the final account and petition for distribution “to persons entitled thereto” filed by the executors came on for hearing in April, 1939, the superior court made and entered its order and decree that neither of the charitable institutions were entitled to any part of the estate, and directed the distribution of the whole estate, with the exception of certain sums set aside for payment of inheritance taxes and other legal obligations, to the heirs at law. From this decree both of the above-mentioned charitable corporations appealed.