Sanders

Sanders v. Childrens Hospital

Good Law
1965 Cal. App. LEXIS 1288·237 Cal. App. 2d 549·47 Cal. Rptr. 44
Court of Appeal of CaliforniaOctober 20, 1965Civ. No. 28974California1,300 words

Opinion

Lead Opinion

Piles, J.

The sole matter to be determined in this appeal is the validity and effect of that portion of the decedent’s will which reads as follows:

“Eighth: I give, devise and bequeath the entire residue of my estate, wheresoever situated and of whatever lrind, nature or extent, to Childrens Hospital Society of Los Angeles, a charitable institution, for the purposes of establishing a memorial for Arthur Mayer, my deceased husband, and Mathilda Wolff, my deceased mother, through the endow-

*551 ment of one or more cribs, beds or rooms in said hospital, and that suitable plates or plapques be affixed or displayed in appropriate places; provided, however, that if the said residue is insufficient for such purposes, then said residue is given to such hospital for the establishment of such a memorial as such hospital deems appropriate. If by reason of any provision of law limiting, restricting or invalidating gifts to charity, all or any portion of the aforesaid gift or gifts is invalid, such gift or gifts, or the invalid portion thereof, shall go to Josephine Sanders, the niece of my husband, if she is living, or if she have predeceased me, then to her heirs at law, living at my demise. ’…

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