Arizona Children's Home v. Comstock Hospital for Crippled Children

OPINION

HATHAWAY, Judge.

The Arizona Children’s Home appeals from a superior court order directing Southern Arizona Bank and Trust Company as trustee under the testamentary trust of Anna Charouleau to select a charity other than appellant to receive the trust funds.

The terms of the testatrix’ will and codicil direct the trustee to establish a home for the aged poor of Pima County. She stated:

“It is my intention and desire to establish a home for the aged and needy persons who have been residents of Pima County, Arizona, for a period of ten (10) years at the date of application for admission to…