Estate of Gatlin
Opinion
Opinion
Crimmins, Kent, Bradley & Burns, Brobeck, Phleger & Harrison, Levinson & Edgeman, Ronald W. Edgeman and Robert Wesley Williams for Claimants and Appellants.
Thomas C. Lynch, Attorney General, and G.A. Strader, Deputy Attorney General, for Objector and Appellant.
Price, Martin & Crabtree and E. Dean Price for Claimant and Respondent.
No appearance for Petitioner and Respondent.
OPINION
GARGANO, J.
This is an appeal by several charitable organizations from a final decree of distribution distributing the entire estate of Henry W. Gatlin to decedent's daughter, his sole surviving heir at law. Also appealing is the Attorney General under his duty to protect charitable trusts "because of the parens patriae position of the state with respect thereto." ( People v. Cogswell, 113 Cal. 129 [ 45 P. 270 ].)
The facts are undisputed. Henry W. Gatlin died testate on September 13, 1967. His holographic will dated September 29, 1953, named the Crocker First National Bank as executor and bequeathed the sum of $1,000 to the decedent's daughter, Frances C. Gatlin. The residue of the decedent's estate was devised and bequeathed as follows: "... the Balance of my Estate to be equally divided…