Conroy

*370 Opinion

Frances Marie Coburn died September 22, 1967, leaving surviving her as only heir at law her sister Marie Schmitt. Her will executed May 18, 1967, was admitted to' probate February 13, 1968, and James C. Webb was appointed executor thereof on June 3, 1968. No contest of the will was filed. By paragraph “Third” of the will, the testatrix gave all of her property to The Holy Innocents Catholic Church, appellant herein, and no provision was made for any alternative disposition. Marie Schmitt died February 7, 1970, prior to distribution under the Coburn will, leaving three adult children, Edward Schmitt, Walter Schmitt, and Helen T. Conroy, respondents herein, as her sole heirs at law.

A petition to determine interests in the Coburn estate was filed in the superior court pursuant to Probate Code section 1080 by Helen T. Conroy as executrix of the will of Marie Schmitt. A statement of interest was filed collectively by said Helen T. Conroy, Edward Schmitt and Walter Schmitt alleging them to be the sole descendants of Marie Schmitt and the sole niece and nephews of Frances Marie Coburn. It was contended in the statement that the gift to the church in the Coburn will was…