Altman

Wilma Lempie Jackson, decedent, left a holographic will which was admitted to probate on May 5, 1977. Bruce A. Altman, public administrator, was appointed administrator with-will-annexed. On November 2, 1977, the public administrator filed a petition to determine entitlement to distribution. The last portion of decedent’s holographic will (exhibit 1 attached to this opinion) reads as follows: “.. . and the rest to the heart fund after my bills are paid up.” The petition alleges that two associations, namely the American Heart Association, Greater Los Angeles Affiliate (American Heart Association), and Memorial Heart Research Foundation (Memorial) had made claim to the residue. The public administrator sought direction from the court on which organization was entitled to the residue of the estate.

The court’s pertinent findings of fact are as follows:

The findings of the trial court end with a determination that the two associations are each entitled to one-half of the residue.

Although there is no specific finding that the court applied the cy pres doctrine, it is clear that tíre court did so in making its final determination. During the hearing, the court noted that…