Division of World Missions of the Board of Missions of the Methodist Church v. Cline

Division of World Missions of the Board of Missions of the Methodist Church, a corporation, one of the devisees and legatees under the will of decedent, appeals from the order determining heirship, by which it was awarded only one-twelfth of the distributable estate.

George G. Munson died December 18, 1956. By his will executed August 22, 1956, he left his entire estate in equal parts to four corporate charities, of which appellant is one.

It was adjudged that said bequests are valid only as to one-third of the distributable estate. Consequently, two-thirds of decedent’s estate was distributed by said judgment to the legal heirs of decedent, who are an adopted sister and the children of a deceased natural sister, the respondents herein.

The stipulation of the parties as to the charitable nature of the corporate beneficiaries under the will, and that respondents are decedent’s next of kin and heirs-at-law, left no factual matter to be determined by the court.

It is urged by appellant that, despite respondents’ relationship to decedent, they cannot be heard to object to decedent’s gift of his estate to charitable corporations for the reason that, included in decedent’s will…