Burdick

Howard K. Burdick, Administrator With the Will Annexed of the estate of Elva Dee Bailess, deceased filed a petition to determine heirship. The First Church of Christ, Scientist, in Boston, Massachusetts, and the Ninth Church of Christ, Scientist, Los Angeles, California, filed a claim of interest alleging that said churches were the residuary beneficiaries under the will of the deceased. James R. Dunn and Flora S. Houghton filed statements of interest alleging that they, as first cousins of decedent, had an interest in the estate. The court, having found that there was no residuary clause and that decedent died intestate as to the residue, ordered that the residue be distributed to the cousins James R. Dunn and Flora S. Houghton. The churches appeal from the portion of the judgment which distributes the residue. (The churches do not appeal from the portion of the judgment which distributes the specific legacies to several named beneficiaries, or from the portion thereof which determines that James and Flora are the decedent’s heirs at law. 1 )

Appellants contend that the court erred in determining that they were not residuary beneficiaries under the will.

Three purported wills…