Estate of Emeric

The question is whether the bequest in Joseph Emeric’s will to the town of Neoules, Department of Yar, France, for the restoration of the old Roman Catholic Church and the Town Hall, is valid under the laws of California.

Section 1313 of the Civil Code of California contains a restriction upon the power of devising property or money to charitable uses, and reads as follows: “No estate, real or personal, shall be bequeathed or devised to any charitable or benevolent society, or corporation, or to any person or persons in trust for charitable uses, except the same be done by will duly executed at least thirty days before the decease of the testator; and if so made, at least thirty days prior to such death, such devise or legacy, and each of them, shall be valid.....And all dispositions of property made contrary hereto shall be void, and go to the residuary legatee or devisee, next of kin, or heirs, according to law.”

Joseph Emeric died on the twenty-second day of June, 1889, and his will bears date of June 7, 1889. If, therefore, the legacy to the town of Neoules comes within the meaning of ‘ ‘ charitable uses ’ ’ under this section of the code, it is void, and would not be upheld…