Estate of Vanderhoofven

Thomas C. Lynch and Evelle J. Younger, Attorneys General, and G.A. Strader, Deputy Attorney General, for Objector and Appellant.

Albert G. Bergman, Horace E. Dunning and Lionel T. Campbell for Claimants and Respondents.

OPINION

PIERCE, P.J.

Elmer H. Vanderhoofven (decedent) died July 30, 1962. He left an holographic will dated October 29, 1959, admitted to probate. Crocker-Anglo National Bank was appointed administrator with the will annexed. In a will contest other wills were denied probate. There was an appeal. Judgment was affirmed in an unpublished opinion by the appellate court of the Fifth District. Since neither party has advised us of the contents of this decision and it was not made a part of the record before us, we will assume that the issues raised therein have no relevance to the issues raised in this court.

The parties before us are certain claimants of the estate of the decedent on the one hand and the State of California, represented by the Attorney General, on the other. The sole issue, as correctly stated by the latter, is whether the trial court correctly or incorrectly interpreted the will in refusing to apply the cy pres doctrine with the result that the…