Z. S. Leymel died May 9, 1947. He had executed a will on April 25, 1947. The will was admitted to probate and letters testamentary were issued to Marie Holdridge, executrix, on May 27, 1947. The decedent was survived by a sister, Anna Rakoezy, and three nephews, Ralph Rakoezy, Harold Rakoezy and Charles Beckwith, who are the only known living heirs at law of the decedent and are the appellants here.

Under the third paragraph of the will a life estate in certain real and personal property was given to said Marie Holdridge, with the remainder over to the Fresno County Humane Society, a charitable institution, provided, however, that if the Fresno County Humane Society was not in existence at the death of said Marie Holdridge, the remainder over would not lapse but would pass to Fresno State College. Under the fourth paragraph, certain specific bequests of personal property were made to the Fresno County Humane Society and to the Fresno County Library. In the sixth paragraph a life estate in certain real property was granted to Marie Holdridge with the remainder over to Homer Blevins Chapter No. 1 of the Disabled American Veterans. Under the seventh paragraph, Marie Holdridge received 60 per cent of certain specific personal property. Specific gifts of a 10 per cent interest in said property for each of testator’s heirs were made to testator’s sister, Anna Rakoezy, his nephew, Ralf Rakoezy, and his nephew, Charles Beckwith, with the further provision that if said Anna Rakoezy should predecease the testator, her gift would pass to Marie Holdridge. The tenth paragraph of the will reads as follows: “All the rest, residue and re mainder of my property I hereby give, devise and bequeath to Marie Holdridge. ’ ’

The appellants filed a petition for construction of the will and to determine heirship. Marie Holdridge died on the 26th day of November, 1949, before completion of the administration of the estate and letters of administration were issued to the public administrator of Fresno County.

On. March 20, 1950, the trial court made its order that the gifts, devises and bequests contained in paragraphs numbered third, fourth and sixth of the will are valid and legal and that in the distribution of said estate, said devisees and legatees are entitled to the respective portions in said paragraphs set forth.

Appellants contend that since the testator died within 30 days after executing the will, the charitable bequests mentioned in paragraphs third, fourth and sixth thereof should have been distributed to them. We find no merit in this contention.

Sections 41 and 42 of the Probate Code provide:

It is apparent that appellants are not mentioned either as substitutional or residuary beneficiaries in the will and that they cannot take under the laws of succession because the residuary clause otherwise disposes of all the rest, residue or remainder of decedent’s property, (Estate of Davis, 74 Cal.App.2d 357, 362 [ 168 P.2d 789 ].)

As was stated in Estate of Haines, 76 Cal.App.2d 673 679 [ 173 P.2d 693 ] :

And as was said in Estate of Randall, 86 Cal.App.2d 422, 426 [194P.2d 709] :

Under the circumstances shown by the record, appellants are not in a position to have the charitable bequests contained in the will set aside.

Order affirmed.

Barnard, P. J., and Griffin, J., concurred.