The Sarah Daft Home v. Hansen

The appeal is from a judgment in a proceeding to determine heirship and from the order denying a motion for a new trial.

Alice Bell Bauer died in Los Angeles on March 11, 1939. The appraised value of her estate was $241,375.17. Her only heir was an adopted daughter who was also her natural granddaughter. By the provisions of tier holographic will, made on November 15, 1927, and admitted to probate on March 31, 1939, the daughter was given $1.00, and testatrix’s sister and brother were given $500 each, and the residue of the estate was given to “the old ladies home located in Salt Lak [sic].” The petition for probate of the will alleged there was no institution such as that described in the will as the “old ladies home.” Appellant, The Sarah Daft Home of Salt Lake City, filed a petition pursuant to sections 1080, 1081, and 1082 of the Probate Code, and alleged that it was the institution mentioned in the will as the old ladies home of Salt Lake City, Utah, and asked that it be determined that appellant was entitled to the residue of the estate.

The judgment of the trial court was that appellant was a charitable institution within the meaning of section 41 of the Probate Code; and…