Battaglia v. Socialist Labor Party

California Court of Appeal Jul 8, 1970 No. Civ. No. 12225Published

Before: Friedman, Pierce

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Holding. The court held that an unincorporated political party lacks the statutory capacity to inherit property by will under California law, as the legislature has limited such inheritance rights to specific types of unincorporated associations, such as religious, benevolent, fraternal, or labor organizations.

Issues

Whether an unincorporated political party is authorized to take property by testamentary disposition under California Probate Code section 27 and Corporations Code section 21200.
Whether the statutory exclusion of political parties from the right to inherit by will violates constitutional equal protection or uniform operation of law requirements.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The party here does not fall into that category. It is a political party.”

“Conceptually and historically no principle is more firmly implanted in the common law than that which holds that only the Legislature (or the people acting directly and affirmatively in specific cases in the Constitution) can confer the right to inherit”

“The Legislature in granting or withholding the right to some unincorporated associations and not to others may not, in our opinion, have acted wisely. But “it is not our province to weigh the desirability of the social policy”

Opinion — Pierce

Opinion

PIERCE, P. J. In proceedings instituted by petition of the executor of the above captioned estate advice of the probate court was sought to determine heirship as between the Socialist Labor Party of California, an unincorporated association, and the state itself. The former, under decedent’s will in probate, is the sole primary legatee, but the State of California becomes the sole beneficiary if the Socialist Labor Party is unable to take the estate “for any reason, legal or otherwise.” The probate court, by its findings and judgment, held in favor of the state; the Socialist Labor Party appeals.

The Facts

Mrs. Jean Steiner was the only witness. She was called by the Socialist Labor Party (which we will call “the party.”) She is its state secretary. She testified its primary purpose was to advance the cause of socialism. The party had nominated (unsuccessful) candidates for public office. The party reconciled to failure deemed education of the people and stimulation [481]of public discussion of various social problems to be adequate reward for its activities. These activities included the publication of “The Weekly People” and distribution of pamphlets—all carried on at a loss. We judicially notice that the party1 was organized in 1877, the result of a merger of the National Labor Union, the North American Federation of the International Workingmen’s Association and the Social Democratic Workmen’s Party and was first known as the Workmen’s Party of the United States.2 No claim of present status as a labor organization is made by the party.

The Power to Make a Will

“The right to make a will is not a natural right, not a right of property. Originating in the Statute of Wills (32 Hen. VIII, ch. 1, July 20, 1540), it is an ancient right but not inalienable. . . .[i]t is purely statutory; subject to complete control by the Legislature. [Citations.]” (Estate of Nicely (1965) 235 Cal.App.2d 174, 184 [44 Cal.Rptr. 804] (hg. den.).) The case cited—an opinion of this court authored by the writer— errs in one respect. We said: “The testamentary act is not protected by any constitutional provisions . . . .” (P. 184).) That is incorrect. Testamentary gifts are expressly authorized to specific education institutions, e.g., California and Stanford (Cal. Const., art. IX, §§ 9 and 10).

Battaglia v. Socialist Labor Party

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Opinion — Pierce

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Dissent — Friedman

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