Estate of Graham

the estate of Sarah J. Graham, deceased, was in process of probate, and within the time allowed by law, the appellants made written objections and contested the distribution of the residue thereof. Upon a hearing of the objections and contest the court denied the same and ordered the distribution of the residue of the estate under the terms of the will. From this order the contestants take this appeal, and especially except to that part of the order distributing the residue under the terms of the will to the trustees of the Big Pine Methodist Episcopal Church.

The second paragraph of the will reads as follows: “I, believing that I have no lawful heirs, give, devise and bequeath unto the trustees of the Big Pine Methodist Episcopal Church, of the Town of Big Pine, County of Inyo, State of California, to be held in trust by them and from which, the income only, is to be used in keeping the property, of the aforesaid church in good condition, and also in making any necessary improvements, the principal being kept intact, the following”:

It is urged that this part of the will is invalid for two reasons. First, that it empowers the trustees of the church to devote the trust funds to…