Hazel Hurst Foundation v. Eames

Two appeals from an order determining heirship and the judgment entered thereon are here involved and will be considered separately insofar as practicable.

There is no dispute concerning the facts. Nellie Neubauer executed a formal will on September 9, 1954. Her attorney retained the original and at her own request Mrs. Neubauer executed a duplicate which she retained in her possession. The will, which consisted of four pages, contained certain specific bequests which are not involved here. In the will Mrs. Neubauer directed her executor to pay to her husband the sum of $250 per month during his lifetime. On pages 2 and 3 of the will Mrs. Neubauer directed that “ (b) Upon the death of my said husband (or upon my death in the event my said husband does not survive me), then I direct that the rest and residue of my estate shall be distributed for general charitable purposes as follows: 40 per cent thereof to the Los Angeles Orthopedic Foundation, Los Angeles, California; 40 per cent thereof to the Crippled Children’s Fund, Los Angeles, California; 20 per cent thereof to the Hazel Hurst Foundation, Azusa, California. I shall appreciate have [sic] the recipient charities commemorate…