Schwabe

Respondent, Peter A. Sehwabe, guardian of the estate of Myrtle Evans, filed a petition to determine interests in the estate of Walter Paul Weis. Appellant Twelveacres, Incorporated, responded, and after hearing, the *21 probate court determined that Myrtle Evans is decedent’s half-sister and appellant is a charitable corporation within the meaning of Probate Code secton 41, 1 and hence its interest in the estate of the decedent is limited to one-third.

Walter Paul Weis died December 7, 1961. His last will, executed August 29, 1961, declared that he had no living relatives, and after certain bequests to strangers provided: “Eighth: All the rest and residue of my estate, I give devise and bequeath to Twelve Acres, Inc. of Los Altos, California.”

There was undisputed evidence that appellant is a nonprofit corporation, and that it conducts a private, temporary home for children in Los Altos, California. Its articles of incorporation state its purposes to be “To conduct a children’s home in accordance with the principles of Christian Science.” The bylaws of the corporation provide that its members shall be “those students and friends of Christian Science who (a) state a desire to…