In Re Estate of Lubin

. OLNET, J.

One William Lubin died, leaving a will whereby he made two bequests to the Congregation of Beth Israel of San Diego, one of five thousand dollars for beautifying its cemetery and one of one thousand dollars for beautifying its temple. The will was made within thirty days of the testator’s death, and because of this fact the probate court on final distribution held the bequests void under section 1313 of the Civil Code. The Congregation appeals.

The material portion of section 1313 of the Civil Code reads: “No estate, real or personal, shall be bequeathed or devised to any charitable…