Lingle v. National Foundation

KINGSLEY J. This is an appeal from a judgment of the probate court in a proceeding to determine heir-ship pursuant to section 1080 of the Probate Code. Motion to dismiss appeal on ground that decree was nonappealable, denied.

George C. Brissel died testate on December 13, 1961, leaving a will dated April 7, 1961, which was duly admitted to probate on January 15,1962.

By the terms of paragraph Sixth of decedent’s will, he left certain real property in trust, naming five purported charitable organizations or institutions as beneficiaries sub[842]ject to two life estates. By the terms of paragraph Seventh of the will, decedent left the residue of his estate to the same five named charitable organizations or institutions. And by the terms of paragraph Eighth the decedent directed that, in the event of failure of any of the charitable gifts, in whole or in part, such gift was to go to Ewing Lingle, the appellant herein.

On June 28, 1962, pursuant to section 1080 of the Probate Code, the executor filed his petition to determine interests in the estate. Although the prayer of the petition sought a determination of all interests in the estate, the allegations of the petition and of the statements of interest filed by appellant and respondent, raised only an issue as to the one-fifth share devised to “Infantile Paralyses Hospital of Los Angeles, California.” A claim of interest was also filed by the American Cancer Society, claiming the one-fifth interest devised to it. No contest as to that claim was made by appellant. No other claim of interest was filed and no person other than the executor, appellant and respondent appeared at the hearing on the matter.

Upon conclusion of the hearing on the petition, the trial court found in favor of the claim of the American Cancer Society and in favor of the claim of respondent National Foundation, finding as to the latter that it was the beneficiary intended by the designation of “Infantile Paralyses Hospital.” The findings of fact, after setting forth essential jurisdictional findings and those above referred to, continued: “That the court reserves jurisdiction to determine the identity and share of all other beneficiaries until hearing on petition for distribution or upon hearing of a subsequent petition to determine heirship or in other appropriate proceedings.” (Italics added.)

The decree determining interest in estate concluded: “It is Further Ordered that jurisdiction to determine the identity and share of all other beneficiaries is reserved until further proceedings in the above-entitled estate. ’’ (Italics added.)