Sanders v. Childrens Hospital

PILES, P. J. The sole matter to be determined in this appeal is the validity and effect of that portion of the decedent’s will which reads as follows:

“Eighth: I give, devise and bequeath the entire residue of my estate, wheresoever situated and of whatever lrind, nature or extent, to Childrens Hospital Society of Los Angeles, a charitable institution, for the purposes of establishing a memorial for Arthur Mayer, my deceased husband, and Mathilda Wolff, my deceased mother, through the endow-

[551]ment of one or more cribs, beds or rooms in said hospital, and that suitable plates or plapques be affixed or displayed in appropriate places; provided, however, that if the said residue is insufficient for such purposes, then said residue is given to such hospital for the establishment of such a memorial as such hospital deems appropriate. If by reason of any provision of law limiting, restricting or invalidating gifts to charity, all or any portion of the aforesaid gift or gifts is invalid, such gift or gifts, or the invalid portion thereof, shall go to Josephine Sanders, the niece of my husband, if she is living, or if she have predeceased me, then to her heirs at law, living at my demise. ’ ’

When the executor petitioned for final distribution to the Childrens Hospital in accordance with the will, Josephine Sanders filed objections upon the ground that the bequest to the hospital was invalid because it was not for a charitable purpose. The trial court held a hearing, following which it made its decree of final distribution which recites (among other things) : “that no portion of the gift of the residue of the estate to Childrens Hospital of Los Angeles, as set forth in Article Eighth of said Will, is or was invalid; that said gift is to a charitable corporation and for a charitable purpose and valid in all respects; ...” The decree provides, among other things, that the residue of the estate be distributed to Childrens Hospital of Los Angeles.1 Josephine Sanders is appealing from that portion of the decree.

Appellant’s criticism of the trial court’s findings of fact requires little comment. It does not appear from the record on appeal that there was any controverted issue of fact determined by the trial court. Although the trial court’s decree contains a recital about “hearing the evidence,” no evidence has been made a part of the record here except the Articles of Incorporation of the Childrens Hospital, which document was introduced to establish the charitable nature of that organization. Apparently the issue was dealt with in the trial court as an issue of law, to be determined from the language of the will. No findings of fact were required. (Estate of Guzzetta, 97 Cal.App.2d 169, 171 [217 P.2d 460].) Since the interpretation of the will does not turn upon the credibility of extrinsic evidence, it is the duty of this court to determine, from the record, whether the trial court’s interpretation