McConnell v. Knox

DORAN, J. The decedent, Effie Jarrett Randall, died on March 31, 1945, leaving a will dated January 24, 1945, which was duly admitted to probate. After certain specific legacies the will contains the following provision:

“The residue I want the Christian Church of Santa Monica and the Catholic Church of Santa Monica to have to be used to care for worthy sick old people who have no means.” It was stipulated that all property of which decedent died possessed was formerly the community property of decedent and her predeceased husband, Eugene B. Randall. The trial court found that the decedent left surviving as heirs at law, a brother, Ralph Jarrett, and two nephews, Glen Knox and Stanley Knox, children of a predeceased [424]sister, who are the appellants herein. The husband’s only-surviving heir is Ellis E. Randall, a brother.

The balance left in the estate for distribution after payment of administration expenses and specific legacies, was $20,024.41. This balance the probate court distributed by first alloting to the two charities one-third of the net estate. The remaining two-thirds was then divided half and half between decedent’s blood relatives, appellants herein, and the charities which are respondents herein.

The present appeal involves an interpretation of section 41 of the Probate Code and, according to the respondents’ brief, presents the following question: “To what extent is a charitable bequest made by a will executed more than thirty days but less than six months prior to the death of the testatrix rendered voidable by Probate Code Section 41 at the instance of decedent’s blood relatives, where there is a living heir of decedent’s husband eligible to take under probate Code Section 228, all property involved having been derived from community property.”

Section 41 of the Probate Code provides that where a will is executed “at least 30 days before death, such devises and legacies [to charity] shall be valid, but they may not collectively exceed one-third of the testator’s estate as against his spouse, brother, sister, nephew, niece, descendant or ancestor, who otherwise, as aforesaid, have taken the excess over one-third, and if they do, a pro rata deduction from such devises and bequests shall be made so as to reduce the aggregate thereof to one-third of the estate. All property bequeathed or devised contrary to the provisions of this section shall go to the spouse, brother, sister, nephew, niece, descendant or ancestor of the testator, if and to the extent they would have taken said property as aforesaid but for such devices and legacies; otherwise the testator’s estate shall go in accordance with his will and such devices and legacies shall be unaffected. Nothing herein contained is intended to, or shall be deemed or construed to vest any property devised or bequeathed to charity or in trust for a charitable use, in any person who is not a relative of the testator belonging to one of the classes mentioned herein, or in such relative, unless and then only to the extent that such relative takes the same under a substitutional or residuary bequest or devise in the will or under the laws of succession because of the absence of other effective disposition in the will.”