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In re Campbell’s Estate
California Court of Appeal
28 Cal. App. 2d 102, 82 P.2d 22 (1938)
- Written by Rose VanHofwegen, JD
Facts
Wesley Campbell’s will devised his residuary estate to four Elks Lodge officers “in office at the time of the distribution of my estate.” The will was admitted to probate, and a petition for distribution was filed. However, the parties objected to the distribution because the Elks Lodge officers were elected and changed annually. When the court held a hearing, the officers were different from those in office when Campbell died. The court found the residuary clause invalid under California’s rule against perpetuities, meaning Campbell died intestate as to his residuary estate, and ordered distribution to his heirs at law. The four Elks Lodge officers at that time appealed.
Rule of Law
Issue
Holding and Reasoning (Barnard, J.)
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