Townsend v. Charles Schalkenbach Home for Boys, Inc.

This is the fourth time that the will of Charles Sehalkenbach has been before this court. For a better understanding of the problem now confronting us, we deem it necessary to briefly review the controversies which have heretofore been before the courts.

On June 23, 1926, Charles and Minnie Sehalkenbach entered into an agreement to make mutual wills. The wills provided that the bulk of their community property would be placed in trust for the establishment of a municipal bank, or, in the alternative, for the establishment of a home for boys. Paragraph Seventh (d), of the husband’s will,…