Bunnell v. Bank of America National Trust & Savings Ass'n

The testamentary provisions made by Sallie H. Bunn specified that the residual estate should be “sold and given to a worthy charity selected by my executors.” In a proceeding to establish heirship, it was determined that no valid charitable trust was thereby created and distribution of the property was ordered according to the rights of succession. The appeal by the executor presents for decision only the question as to the validity of the disposition to charity.

Harry Bunn, the husband of the testatrix, lived only about one month after her death and she left no lineal heirs. Her holographic…