In re the Estate of Pearsons

The decedent died July 7, 1889, leaving an olographic will. In it he provided that in a certain event—which occurred—specified property should be sold, and that “ the proceeds of such sale be equally distributed among the different orphan asylums of the city and county of San Francisco, “and said asylums I request to be designated by the judge of the probate court.” The property was sold and a large sum realized. There were thirteen different applications for a share of the fund, each applicant claiming to be an orphan asylum of the city and county of San Francisco, and asking that a partial distribution be made.

The court found that of the money in the hands of the executor one hundred thousand dollars could be distributed. without danger to creditors, and that such sum did not constitute one-third in value of the estate.

The court made a decree distributing that sum, and designated five only of the applicants as orphan asylums of the city and county of San Francisco. These are the Roman Catholic Orphan Asylum, the San Francisco Protestant Orphan Asylum, the Maria Kip Church Orphanage, the St. Vincent Orphan Asylum, and the Pacific Hebrew Orphan Asylum.

Four of the eight…