Martin

The Attorney General of the state has appealed from a part of the decree made in response to the petition of the executor of the will, who had prayed that the court “determine who are entitled to distribution of the estate.” (Section 1080, Prob. Code.) The particular provision of the will that created the need for guidance was this one, which followed some eight specific bequests: “Balance of my estate to be divided between help for the blind the Lepor Colony & Brightside orfonage Holyoke Mass.”

*712 The decree recited, among other things, that by the words just quoted the testatrix intended the residue of her estate to be divided into three equal parts, one third to go to Brightside Orphanage, one third to Maryknoll Fathers, who operate a leper colony, but that the words “help for the blind” were “too vague, indefinite and ambiguous, to constitute a charitable bequest, or a charitable trust, ’ ’ and that the third of the bequest dependent upon them was to be distributed to the various relatives designated by sections 225, 228 and 229 of the Probate Code. It was from the part of the decree last mentioned that the Attorney General appealed.

Preliminarily we note that the decree…