Estate of ESTHER ZAHN, Deceased. SECURITY PACIFIC NATIONAL BANK, as Executor, etc., Petitioner and Respondent, v. MARGARET ZAHN et al., Claimants and Appellants; SALVATION ARMY et al., Claimants and Respondents

Holding

The court held that the decedent’s holographic will demonstrated a general charitable intent, and the doctrine of cy pres properly applied to prevent the failure of two testamentary gifts where the specific properties devised had become unsuitable for their intended charitable purposes, thereby preserving the testatrix’s overarching charitable objectives through alternative means administered by the Salvation Army.