Estate of CORINNE W. BARBER, Deceased. NETTIE E. WAGNER, as Administratrix With the Will Annexed, etc., Respondent, v. FIRST CHURCH OF CHRIST SCIENTIST OF LAGUNA BEACH (a Nonprofit Corporation), Appellant
49 Cal. 2d 112 ·
Supreme Court of California · Filed
Published · citable
Cited by 2
Holding
The court held that Probate Code section 43 operates as a complete exemption from the restrictions of section 41 for testators who die without a spouse, child, grandchild, or parent, provided their will was executed at least six months prior to death, and that a charitable bequest cannot be reduced to one-third of the estate when these conditions are met.
Statutes construed
- PROB § 1080
- PROB § 1240
- PROB § 1664
Cited by (2)
- Estate of CHARLES A. TORRANCE, Deceased. MARION BURKETT et al., Appellants, v. JAMES P. DALTON, as Scout Master, etc., et al., Respondents (1957) 154 Cal. App. 2d 350
- WILLIAM W. BODINE, JR., et al., Petitioners, v. THE SUPERIOR COURT OF SANTA BARBARA COUNTY, Respondent; VAN NESS HOW BATES et al., Real Parties in Interest (1962) 209 Cal. App. 2d 354