ESTATE OF
RICHARD TOBIN.
No. 6566--Aug. 22, 1877
DEVISE OR BEQUEST TO “CHARITABLE OR BENEVOLENT
SOCIETY.”--The Boys’ Roman Catholic Orphan Asylum at San Rafael
is a
charitable and benevolent society, under
Sec. 1313, C. C., and is, as such, entitled to take a bequest.
Construing
sections, C. C., 1275, 1313.
D. Rogers, for executor.
J. M. Burnett, for Asylum.
G. W. Tyler and Mogan & Sullivan, for other legatees.
The will is dated June 10, 1875, and disposes of the estate as follows:
To the Boy’s Roman Catholic Orphan Asylum at San Rafael, Marin County, California, One-fourth;
To Michael Tobin and Alice Tobin, father and mother of testator, one-fourth;
To Ellen A. Fitzgerald all the rest and remainder, being the
one-half.
By the COURT: It is claimed on behalf of all the other legatees that the legacy to the Orphan Asylum is void under Sec. 1275, C. C.; on behalf of Fitzgerald that she will take that share as residuary legatee; and on behalf of the father that he will take the share as heir, and that Fitzgerald’s interest is limited by the will to the one-half of the estate, as named in the will.
The effect of Sec. 1313, C. C., is
to qualify the terms of Sec. 1275; and charitable and benevolent societies and
corporations may take under a will. The
“Boy’ Roman Catholic Orphan Asylum at
Transcribed
by Pat Seabolt.
© 2007 Pat Seabolt.
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