In re Estate of Royer

The controversy arises upon conflicting petitions for distribution filed by the heirs at law of deceased and by the regents of the University of California, and involves the right to the residue of the estate of deceased under the provisions of his will. After making certain specific bequests the testator, in the sixth clause of his will, declared as follows: “Sixth: All the rest and residue of my property and estate I do hereby give, devise, and bequeath unto the University of the State of California for the sole purpose of founding a professorship of ‘Political Economy/ and for no other purpose whatever. If the said gift and devise shall for any reason fail, the same shall revert to my next of kin.”

The court found that neither the “University of the State of California,” nor the “University of California,” is now or ever has been a corporation under the laws of this state, and is not a person; and that each is an entity distinct from the “Regents of the University of California,” which latter are a corporation duly organized under the laws of the state. The court also found that the residue of the estate is insufficient for the purpose of *616 founding a professorship of…