Crocker-Citizens National Bank v. Yates

Opinion

GARGANO, J. This is an appeal by several charitable organizations from a final decree of distribution distributing the entire estate of Henry W. Gatlin to decedent’s daughter, his sole surviving heir at law. Also appealing is the Attorney General under his duty to protect charitable trusts “because of the parens patriae position of the state with respect thereto.” (People v. Cogswell, 113 Cal. 129 [45 P. 270].)

The facts are undisputed. Henry W. Gatlin died testate on September 13, 1967. His holographic will dated September 29, 1953, named the [647]Crocker First National Bank as executor and bequeathed the sum of $1,000 to the decedent’s daughter, Frances C. Gatlin. The residue of the decedent’s estate was devised and bequeathed as follows: “. . . the Balance of my Estate to be equally divided between the home for the Blind and home for crippled children here in San Francisco, Calif.”

On March 6, 1968, the Crocker First National Bank petitioned the probate court to determine heirship. The executor alleged that it was uncertain as to who was entitled to the distribution of the estate because the institutions referred to in the will could not be identified by the names used. Thereafter, the petition was set for hearing and notice thereof was given to respondent, to appellants, to the Shriner’s Hospital for Crippled Children (not a party to this appeal), and to the Attorney General.

At the hearing on the executor’s petition no extrinsic evidence was offerred by the parties to identify the homes referred to by the testator in his will; it was merely stipulated that no organizations could be found in the City and County of San Francisco meeting the descriptions used in the will. It was also stipulated that appellants were engaged in charitable services in San Francisco, that they were proper organizations to receive distribution of the testator’s estate if it were determined that the gifts had not passed by intestate succession, and that any amount distributed to them would be allocated one-half to San Francisco Lighthouse for the Blind, one-sixth to Easter Seals, one-sixth to Children’s Hospital and one-sixth to Shriner’s Hospital for Crippled Children, with Lighthouse to act as trustee for the entire gift; the Attorney General did not participate in that part of the stipulation regarding the manner in which the charitable gifts should be distributed, apparently taking the position that if the gifts were upheld, it was the court’s function to name the trustee.