In re Estate of Royer

Citations

• 123 Cal. 614
• 56 P. 461
• 1899 Cal. LEXIS 1128

Syllabus

<p>University of California—Public Corporation—Will—Validity of Bequest.—The “ University of California” is a public corporation and is recognized by that name in the laws of the state, notwithstanding the requirement that the board of directors shall incorporate under thb name of the “Regents of the University of California.” A bequest by will to the “University of the State of California,” for the purpose of founding a designated professorship, is not invalid, by reason of insufficiently designating a corporation entitled to take.</p> <p>In.—Right to Take by Will—Interpretation of Statute—Exemption of Sovereign Power.—The University of California being formed for educational purposes, is within section 1275 of the Civil Code, permitting corporations formed for said purposes to take by will. The rule of interpretation of statutes that rights and-interests are not to be construed as embracing the sovereign power, unless expressly-named or included by necessary implication, has no application to the University of California, which, though a public corporation, is not clothed with any part of the sovereign power of the state.</p> <p>Id.—Peoportionate Share op Estate—Sufficiency op Fund.—The question whether the bequest exceeds one-third of the estate of the testator, is one of fact, which should be distinctly passed upon. The sufficiency of the fund to accomplish the designated purpose of endowing a chair in the State University, cannot be objected to, where there is no evidence to justify a finding that the gift has failed for that reason.</p>