4 P.2d 977 | Cal. Ct. App. | 1931
[1] The sole question presented by this appeal is whether or not the following provision of the will of the testatrix is sufficiently definite to create a trust:
"I hereby give . . . all the rest . . . of by estate . . . to my executors . . . in trust, however, to be invested in Bibles, to be distributed in home and foreign lands in such quantities and in such places as may to my said executors seem best." *164
If this wish of the testatrix should be given effect, the order and decree of distribution, by which the balance of her estate was divided as though she had died intestate, must be reversed. The decree must be affirmed, on the other hand, if we find the language of the will too indefinite to be a valid disposition of her property. We agree with the conclusion reached by the trial court that the attempted creation of a trust failed for indefiniteness.
Tested by the standard required for a private trust, the attempt of the testatrix fails to establish a trust, because of the uncertainty as to beneficiaries. (Barker v. Hurley,
(1901)
A distribution of the Bibles to private schools and libraries, conducted entirely for profit, would not be in furtherance of a charitable purpose. (Estate of Sutro, supra; Estate of Dol,
(1920)
Conrey, P.J., and York, J., concurred.