Huber v. Lutheran High School Ass'n of Southern California

The United California Bank, executor and testamentary trustee under the will of George Huber, and three charitable remaindermen: Lutheran High School Association of Southern California; the Braille Institute of America, Inc.; and the Trustees of the University of Pennsylvania, appeal from an order directing the bank as testamentary trustee to distribute probate income held by it in the amount of $59,253.95 to respondent Gertrude Huber.

Factual Background

In September 1965 Dr. George Ulrich Huber died testate, survived by his elderly, unmarried sister Gertrude, who is the respondent in this appeal, and by his widow Margaret, whom he had married six months before his death. Dr. Huber’s first wife, Anna Scheuer Huber, predeceased him in 1964, ending their 54-year marriage. Under Anna’s will, Dr. Huber was entitled to receive the residue of her estate only if he survived distribution of the estate. As her executor, Dr. Huber had inventoried assets in the estate at approximately $50,000. He died before the estate was distributed.

Dr. Huber’s will was admitted to probate in November 1965. With respect to Margaret, the will provided: “I am intentionally making no provision in…