Moore

The former opinion herein was set aside and the cause resubmitted to permit a clarification of directions for distribution in the estate of Alexander Henderson Moore in accordance with the law as applied to our interpretation of the will of the decedent. Accordingly, we adopt as part of the present opinion the following quoted portion of our former opinion herein:

Section 41 of the Probate Code restricts by its terms the portion of the estate which the church can receive; the one-third which it is entitled to take is one-third of the net amount remaining in the estate after the payment of the costs of administration, the federal estate tax, if any, and the satisfaction of all proven debts of the decedent in the estate proceeding. (Es tate of Hinckley, 58 Cal. 457, 516-517 ; Estate of Campbell, 175 Cal. 345, 351 [ 165 P. 931 ]; Estate of Dwyer, 159 Cal. 680, 693-694 [ 115 P. 242 ]; Estate of Bauer, 59 Cal.App.2d 152, 160 [ 138 P.2d 717 ]; Estate of Henderson, 17 Cal.2d 853, 862 [ 112 P.2d 605 ].)

If anything is left over after the payment of the foregoing specified costs of administration, federal estate tax, debts of the decedent, the bequests of one dollar each to Alfred Finley…