What is the test for establishing that a bequest is not a charitable donation?

California, United States of America


The following excerpt is from Quinn's Estate, In re, 156 Cal.App.2d 684, 320 P.2d 219 (Cal. App. 1958):

We start with the principle that "[c]ourts look with favor upon all attempted charitable donations, and will endeavor to carry them into effect if it can be done consistently with the rules of law. A bequest intended as a charity is not void, and there is no authority to construe it to be legally void, if it can possibly be made good.' In re Estate of Hinckley, 58 Cal. 457, 513; Collier v. Lindley, 203 Cal. 641, 654, 266 P. 526; In re Estate of Bunn, 33 Cal.2d 897, 903, 206 P.2d 635; see 14 C.J.S. Charities 6 a, p. 427.' In re Estate of Tarrant, 38 Cal.2d 42, 46, 237 P.2d 505, 506, 28 A.L.R.2d 419.

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