Diocese of Montery-Fresno Education & Welfare Corp. v. Goyette

The decedent herein, Linus A. Goyette, was a widower who left neither surviving parents nor lineal descendants. The appellant, Amos J. Goyette, is a surviving brother and decedent’s next of kin. All respondents are charitable corporations.

The decedent’s last will was executed more than thirty days but less than six months prior to his death. In it he left certain real property, comprising the bulk of his estate, in trust. The income was to go to a surviving sister, Loretta Belcher, and a friend, Sylvia Starred, during their lifetimes or until their respective marriages, and thereafter the remainder to respondent charities. The residue of the estate was left to certain relatives, including Andrew F. Ariey, a nephew, and Jean C. Ijams, a niece. Appellant was not one of the residuary legatees and would be entitled to share in the estate only in the event of intestacy.

After the will was admitted to probate, the executrix filed a first account and petition for preliminary distribution. The niece and nephew filed objections. They contended that the gift over to the charities exceeded the limits prescribed by Probate Code section 41 and requested the court to make…