Estate of EARL C. HUGHES, Deceased. JOSEPH R. ALCANTARA, as Testamentary Trustee, etc., et al., Petitioners and Respondents, v. BLANCHE V. HUGHES et al., Claimants and Appellants

202 Cal. App. 2d 12 · 19991

California Court of Appeal · Filed March 30, 1962

Holding

The court held that a preferred heir's right to challenge charitable bequests under Probate Code section 41 is a personal, non-transferable, and inchoate interest that terminates upon the heir's death if it occurs before the deferred enjoyment of the charitable trust corpus.

Statutes construed

PROB § 41

Cited by (6)

Estate of JOSEPH FRANK HOLTERMANN, Deceased. RITA MARIE NEWMAN, Claimant and Appellant, v. ROMAN CATHOLIC BISHOP et al., Objectors and Respondents (1962) 206 Cal. App. 2d 460
Estate of THOMAS B. REARDON, Deceased. JOHN P. McCORMACK, as Executor, etc., et al., Petitioners and Appellants, v. THE CATHOLIC CHURCH EXTENSION SOCIETY OF THE UNITED STATES OF AMERICA, Claimant and Appellant; JOHN E. REARDON et al., Claimants and Respondents (1966) 243 Cal. App. 2d 221
Estate of MATILDA E. PROCTOR, Deceased; ORTHOPAEDIC HOSPITAL, Claimant and Appellant, v. SECURITY FIRST NATIONAL BANK, Petitioner and Respondent; HELEN PROCTOR LINGO et al., Claimants and Respondents (1967) 248 Cal. App. 2d 304
Estate of LEON C. HIGH, Deceased; RAYMOND O. HIGH, Petitioner and Respondent, v. BROWN UNIVERSITY, Objector and Appellant (1967) 250 Cal. App. 2d 561
Estate of LINUS A. GOYETTE, Deceased. JEAN C. IJAMS et al., Claimants and Appellants, v. DIOCESE OF MONTEREY-FRESNO EDUCATION & WELFARE CORPORATION et al., Claimants and Respondents (1968) 258 Cal. App. 2d 768
Estate of VIRGINIA L. PETERSON, Deceased; JACK ROBERTSON, as Executor, etc., Petitioner and Respondent, v. MARGARET M. WILBER et al., Objectors and Respondents; ARTHRITIS AND RHEUMATISM FOUNDATION, Objector and Appellant (1968) 259 Cal. App. 2d 492

Authorities cited (2)

Estate of ARTHUR E. ADAMS, Deceased. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), Appellant, v. ROBERT C. KIRKWOOD, as State Controller, etc., Respondent 164 Cal.App.2d 698
Estate of HELEN ELIZABETH GILBERT, Deceased. RUBY STONE ANGELL et al., Appellants, v. THE TOWN OF WEST BROOKFIELD, MASSACHUSETTS et al., Respondents 148 Cal.App.2d 761