Bank of America National Trust & Savings Ass'n v. Arakelian
Bank of America National Trust & Savings Ass'n v. Arakelian
Opinion of the Court
This is an appeal from a judgment declaring conditions and restrictions applicable to a charitable trust. During the year 1950, K. Arakelian and Renee, his wife, donated the sum of $64,000 to California Home for the Aged, Inc., a corporation. The money was deposited in the Bank of America National Trust and Savings Association, plaintiff herein, and thereafter questions arose as to the proper use of the funds and as to who had control thereof. In view of the dispute the bank interpleaded the contestants, California Home for the Aged, Inc., one Oliver Lyons, and Renee K. Arakelian. The cause was tried and from the judgment rendered an appeal was taken to this court. (See Bank of America v. Arakelian, 149 Cal.App.2d 11 [307 P.2d 746].) The judgment was reversed for procedural error in the ex-
In support of its appeal the home, in its opening brief, argued the evidence was insufficient to support the finding that the chapel should be open to the public and was also insufficient to support the finding that the chapel should bear the stated inscription. However, subsequent proceedings herein by way of augmentation of the record have disposed of the first contention.
In support of its remaining contention appellant now argues that the imposition of a permanent dedication of the chapel to a priest of a particular denomination is in conflict with the finding that the chapel must be nondenominational; that the issue as to the inscription is in the nature of an internal ecclesiastical matter over which the court has no
There is no conflict in the findings. The dedication in no way interferes with nondenominational use of the chapel by the members of the public who wish to worship there, even though it may sometimes happen that some, by reason of religious differences, may prefer not to worship where such a dedicatory inscription appears.
The remaining issues are not presented on this record. The trial court was concerned under the pleadings only with the issues raised as to the conditions and restrictions which the donors placed upon the use of the funds they gave to the home. The home could reject the gift or it could accept it with the conditions and restrictions imposed thereon by the donors. The court has now declared and defined those conditions and if the donated funds are to be used those conditions and restrictions must be observed.
The judgment appealed from is afSrmed.
Schottky, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.