Estate of Dol

The executors of the will and the residuary legatees appeal from a decree distributing and ordering paid a bequest of two thousand dollars made by the will of the decedent to the respondent, an incorporated society, known as “Los Angeles County Pioneer Society.”

The will was executed less than thirty days prior to the death of the testator. If the respondent is a “charitable or benevolent” corporation, the bequest is void under the provisions of section 1313 of the Civil Code, declaring that “No estate, real or personal, shall be bequeathed or devised to any charitable or benevolent society or corporation, or to any person or persons in trust for charitable uses, except the same be done by will duly executed at least thirty days before the decease of the testator.” If this point is good, the other points made by appellant need not be considered.

The articles of incorporation of the respondent state the purposes for which it was formed, as follows:

The corporation has no capital stock and it is stated in the bill of exceptions that the paragraph above qnoted is the only part of its articles material to be considered upon the issues presented in the case.

[1] We are of the…