Estate

In Re Estate of Winchester

Good Law
133 Cal. 271·1901 Cal. LEXIS 900·65 P. 475
Supreme Court of CaliforniaJune 25, 1901L.A. No. 954.California2,544 words

Opinion

Lead Opinion

Chipman, J.

Henry K. Winchester died testate, February 21,1895. In his will he provided as follows: “I give to the Santa Barbara Natural History Society, of Santa Barbara, California, the sum of two thousand dollars.” At the time of his death, and until June 28, 1898, this society was an unincorporated organization, on which latter date the members of the society duly incorporated under the laws of this state. The incorporated society petitioned the court for a decree of partial distribution, which was granted by the court, and from this decree the executors appeal, on the judgment roll alone. The court found the following facts: That the petitioner “was organized as a society in the year 1876, and ever since continued to be, up to the time of its incorporation as hereinafter mentioned, a regularly organized unincorporated society, governed by a constitution and by-laws adopted by the members thereof, having regularly elected officers, and holding regular meetings, and having for its object to advance the study and promote knowledge of the various branches of natural history, by holding meetings, providing for lectures, and establishing a museum of natural history specimens, and was known as…

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