Yates

Crocker-Citizens National Bank v. Yates

Good Law
16 Cal. App. 3d 644·1971 Cal. App. LEXIS 1620·94 Cal. Rptr. 295
Court of Appeal of CaliforniaApril 13, 1971Civ. No. 1241California1,993 words

Opinion

Lead Opinion

Gargano, J.

This is an appeal by several charitable organizations from a final decree of distribution distributing the entire estate of Henry W. Gatlin to decedent’s daughter, his sole surviving heir at law. Also appealing is the Attorney General under his duty to protect charitable trusts “because of the parens patriae position of the state with respect thereto.” (People v. Cogswell, 113 Cal. 129 [ 45 P. 270 ].)

The facts are undisputed. Henry W. Gatlin died testate on September 13, 1967. His holographic will dated September 29, 1953, named the *647 Crocker First National Bank as executor and bequeathed the sum of $1,000 to the decedent’s daughter, Frances C. Gatlin. The residue of the decedent’s estate was devised and bequeathed as follows: “. . . the Balance of my Estate to be equally divided between the home for the Blind and home for crippled children here in San Francisco, Calif.”

On March 6, 1968, the Crocker First National Bank petitioned the probate court to determine heirship. The executor alleged that it was uncertain as to who was entitled to the distribution of the estate because the institutions referred to in the will could not be identified by the names used.…

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