Steeves

*131 Opinion

Claimants, Betty Stiles and Barbara Simmons, nieces and sole heirs-at-law of Arthur J. Connolly, deceased, appeal from an order, upon a petition for instructions filed by the executor of the last will of Connolly, determining Ethical Culture Society of Los Angeles to be the successor charitable trustee of the residue of the estate of Connolly. 1 The appeal lies. (Prob. Code, § 1240.)

This appeal presents the fundamental question of what was Connolly’s intent in leaving his entire estate of cash and securities by will specifically to World’s Agnostics Groups (WAG), a nonprofit California corporation. 2 (See Prob. Code, § 101.) Claimants assert that because of the specific designation of the legatee and because no technical words of trust were used, the testator intended only a gift to WAG and nothing more and WAG being no longer a viable corporation, the gift to it failed and claimants are entitled to receive the residue of the testator’s estate by intestate succession pursuant to Probate Code section 225. 3 The Attorney General, as the supervisor of charitable trusts in this state, rejoins that *132 the legacy to WAG constituted a charitable trust and upon the…