Alcantara v. Hughes

This appeal involves the construction of section 41 of the Probate Code, which is the California law placing certain limitations on testamentary devises and bequests to charity.

Appellants are Blanche V. Hughes, sister of the testator Earl C. Hughes, and F. Henry Ne Casek, who is attorney for Blanche V. Hughes, but who appeals in his own right as holder of an assignment of a one-third interest in his client’s rights to her deceased brother’s estate.

The will, a holograph which was executed about three months before the testator’s death, disposes of the estate, the net amount of which was about…