Estate of Merchant

Appeal from decree, of distribution by which the residue of the estate of deceased was distributed for the benefit and advancement of the Oakland Red Cross Society in California, in preference to appellant, Baron D. Merchant, son and sole heir at law of deceased, as he claims it should have gone.

The eighth item in the will of deceased is made part of the decree, and may be looked to as showing the intention of the testatrix, without violating the rule in Goad v. Montgomery, 119 Cal. 652 . ‘ ‘ Eighth: All the rest, residue, and remainder of my property of every kind and nature I direct my executors and trustees to take charge of and use the same, for the benefit and advancement of the ‘Oakland Red Cross Society’ in California, and it is my wish that if there be a hospital used in connection with the work of said society in California, that the above-mentioned residue be used to equip such hospital so far as the same may be necessary, and that the same be used for soldiers who come from the Pacific Coast.” The decree provides as follows: “To J. B. Richardson [executor of the will], as trustee, all the rest, residue, and remainder of the property remaining for distribution,…