IN RE KAUFMAN'S ESTATE
155 P.2d 831 (1945)
NATURE OF THE CASE: This was a dispute over wills admitted to probate.
FACTS: A 1940 will was executed in New York. Later that will was expressly revoked and
another was executed in California on April 30, 1941. Both wills named identical persons for
identical cash bequests and a church as residual legatee. The testator died on May 2, 1941.
The 1941 will was admitted to probate but the bequest to the church was declared null and
void as statutes prohibited charitable bequests executed within 30 days of death. The church
filed this petition to have the 1940 will probated. The trial court refused. This appeal
resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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