Estate of Garthwaite

At a time less than thirty days preceding the date of her death, Alice E. Garthwaite executed her will by means of which she devised and bequeathed her entire estate in trust to charitable uses. No “legal heirs" survived the testatrix. In the course of administration of her estate, over the objection of the People of the State of California, the probate court caused an order to be made and entered by which the said estate was directed to be distributed in accordance with the provisions of said will. It is from such order that the instant appeal is prosecuted.

As is stated in the opening brief of the appellant, the question presented is whether a bequest in a will is void, which was executed “within thirty days prior to death by a testatrix leaving no legal heirs, to a person to be held in trust for the use and benefit of a charitable corporation".

Admittedly the controlling statute in the premises is what is now known as section 41 of the Probate Code. It is as follows:

Formerly and prior to its placement in the Probate Code, the substance of the present statute was included within section 1313 of the Civil Code.

From an examination of the provisions of such statute it will…