Estate of Scott

Summary

The California Court of Appeal considered whether charitable bequests exceeded the one-third limitation under former Probate Code section 41 and whether a beneficiary's claim for reduction of those bequests constituted a will contest under the will's forfeiture clause. The court held that the beneficiary could invoke section 41 despite assigning interests in the estate and that the charitable bequests were properly reduced pro rata. It also held that the cash bequest to the church was not a residuary legacy requiring abatement before the other charitable gifts.

Holdings

1. Florence Hughes was entitled to request a pro rata reduction of the charitable bequests because, after Jessie Miller's death before distribution, Hughes was the person who would have taken the affected property but for the charitable bequests.
2. Hughes's assignment of two-thirds of her legacy to other persons did not alter her status under Probate Code section 41 or prevent her from seeking reduction of the charitable bequests.
3. Hughes's petition seeking reduction of charitable legacies under Probate Code section 41 was not a contest of the will within the meaning of the will's forfeiture clause.
4. The specified cash bequest to Angeles Mesa Presbyterian Church was not a residuary legacy and therefore did not have to abate in full before the other charitable bequests.

Questions Presented

1. Whether Florence Hughes could invoke Probate Code section 41 to reduce the charitable bequests after Jessie Miller died before distribution.
2. Whether Hughes's assignment of part of her legacy to other persons altered her status as the person entitled to receive property that the charities could not take under section 41.
3. Whether Hughes's petition to reduce the charitable bequests constituted a contest of the will under the will's forfeiture clause.
4. Whether the cash bequest to Angeles Mesa Presbyterian Church was a residuary legacy that had to abate before the other charitable bequests.

Disposition

affirmed