Kabisius v. Brooke

Catherine DeMars died leaving an holographic will in which the residuary clause read, “Any amount left go to the poor soldiers Letterman Hospital. ’ ’ After a full hearing the probate court found that the testatrix intended the residue to go in trust for the poor soldiers of the Letterman General Hospital, in San Francisco, and ordered distribution thereof to the commanding officer of the hospital, as trustee. The heirs at law appeal from this portion of the decree, and the single question involved is whether this bequest created a valid charitable trust.

We start with the finding of the…