Schenk
Schenk v. Hospice of San Luis Obispo County, Inc.
Opinion
Lead Opinion
Brown, J.
Hospice of San Luis Obispo County, Inc. (Hospice) appeals from a judgment settling the final account in the estate *574 of Emily Zabriskie, deceased, and ordering final distribution. Hospice is the alternate beneficiary under the decedent’s will, which is to take the residue of decedent’s estate in the event the primary beneficiary, Roandoak of God, an unincorporated Christian association, did not incorporate as a nonprofit organization within 180 days of decedent’s death. There was no oral or other extrinsic evidence in the trial court on the intent of the testator.
More specifically, the will of decedent provides in pertinent part: “Item 2: . . . (B) The rest and residue of my estate I leave to Roandoak of God, an unincorporated Christian Association, provided same organization has incorporated as a nonprofit organization within 180 days of the date of my death. This bequest is not to pass to any individual person, but only to a nonprofit religious or charitable organization which is the corporate successor of the present Roandoak of God Association located in the Morro Bay, California, area as its primary headquarters, of which association Delmar Ashurst is the…