Taylor
Taylor v. Crippled Children's Society
Opinion
Lead Opinion
Kingsley, J.
This is an appeal from a decree determining interests in
the estate of Albert Taylor. The decree is appealable under section 1240 of the Probate Code of the State of California.
On December 11, 1971, Albert Taylor, age 83, executed a holographic will. Under this will he gave his son, George Arthur Taylor, respondent herein, $1.00. To the manager of the Alvarado Town House, he gave $1,000, and he gave $100 each to various members of the staff. He gave the remainder of his estate to the Crippled Children’s Society of Los Angeles County, and the manager of the Alvarado Town House was named as executrix.
Albert Taylor died on February 11, 1972, at a time when sections 40 and 41 of the Probate Code were still in effect.
*47 A petition for probate was filed February 23, 1972, and on March 13, 1972, the will was admitted to probate. The order admitting the will to probate and for letters testamentary was executed March 15, 1972. Probate Code, section 41, granting certain of the decedent’s heirs the right to avoid testamentary gifts to charity in excess of one-third of the decedent’s estate, was repealed by the California Legislature on November 4, 1971 (Stats. 1971, ch.…