In re Estate of Bates

The decedent left a last will and testament, making the following dispositions of her property:

“Secondly. I give and bequeath to my daughter, Mary Dunbar, the wife of Edwin Dunbar, the household furniture, beds, and clothing, and all articles in my late residence in the township of Compton, in said county of Los Angeles, state of California.

“Thirdly. I give and bequeath to the Los Angeles Infirmary, a corporation for the care of the sick and feeble persons, all the remainder and residue of my estate, real, personal, and mixed, of which I die seised or possessed, the said infirmary having benevolently cared for me during my illness, and have agreed and covenanted to bury my body as above provided.”

Upon the final settlement of the accounts of the *647 executor the court made a decree of distribution, in which, after reciting that “ the residue of said estate consists wholly of real property,” it ordered that the residue of said estate, consisting of two parcels of land situated in Los Angeles county, described in said decree, be distributed to the “ Los Angeles Infirmary, a corporation for the care of sick and feeble persons, organized and existing under the laws of the state…