Will of Nonresident Testator—Charitable Bequests in Excess of One-third of Estate — Personal Property Situated in California.—Under section 1285, as amended in 1905, and 1313 of the Civil Code, provisions in a will of a nonresident testator, collectively disposing of more than one-third of his estate to charity, although valid according to the law of his domicile, operate to pass title to only one-third of his personal property situated in this state.

Id.—Personal Property Passes According to Law of Domicile— Limitations on General Bule.—As a general rule, arising out of considerations of justice and the principle of comity, the distribution of personal property is governed by the law of the domicile of the owner. This rule is subject to the limitation, embodied in section 946 of the Civil Code, that the law of the domicile controls “if there is no law to the contrary, in the place where the personal property is situated.” Such limitation is operative not only when the disposition made of the property does violence to the statute law of the country where it is situated, but also where it is conceived to be contrary to the welfare of that country or to its public policy. ,

Id.—Law Governing Charitable Bequests in Foreign Wills.—Since the amendment of 1905 to section 1285 of the Civil Code, subjecting foreign wills, so far as they relate to personal property, to the provisions of section 1313 of that code, charitable bequests in foreign wills are governed by the same rules controlling like bequests in domestic wills. The application of that section is not limited to cases of a will of a nonresident decedent which has not, been probated in the domicile of the decedent.

Id.—Distribution to Domiciliary Executor not Obligatory.—Section 1667 of the Code of Civil Procedure, does not compel the court of the ancillary administration in this state to distribute personal property situated in this state to the domiciliary executors. It confers a mere discretion so to do, which must be exercised in consonance with the dictates of public policy and of the statutes of this state; and where such a distribution would do violence to plain provisions of our laws, it should not be made, and cannot be upheld if made.