Hall

Hall v. Methodist Hospital

Good Law
1963 Cal. App. LEXIS 2680·214 Cal. App. 2d 812·29 Cal. Rptr. 814
Court of Appeal of CaliforniaApril 8, 1963Civ. No. 26404California2,813 words

Opinion

Lead Opinion

Herndon, J.

The Methodist Hospital of Southern California and the Southern California School of Theology, hereinafter referred to as the “Methodist Hospital” and the “School of Theology,” respectively, have taken separate appeals from certain portions of the order settling the twentieth and final account of the trustee and ordering distribution of the trust created by the will, the provisions of which are the subject of the arguments of the parties herein.

Ellen M. Hill died on November 16, 1939, and her will dated November 2, 1938, was duly admitted to probate. The decree of distribution, dated August 27, 1941, which created the testamentary trust here involved, provided in part as follows :

“In the year nineteen hundred sixty (1960) the said trust estate is to be terminated and the principal distributed, one-eighth (%) to the University of Southern California for the School of Religion or if there is no such school then to the Southern California Conference of the Methodist Episcopal Church to be divided equally for missions, Methodist Hospital in Los Angeles, Calif, or if none such hospital belongs to the Methodist Church in Los Angeles then to the Methodist Hospital in Omaha,…

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