Burwell v. McCabe

This is a proceeding brought under section 1121 of the Probate Code to require the respondent, as trustee of a testamentary trust, to render an account.

The petitioner was the adopted daughter of the respondent and her husband. The husband died on February 6,1928. By his will, among other things, he left $50,000 in trust to the respondent for the use and benefit of this petitioner. By the terms of the trust, the respondent was authorized to use so much of the income of the trust estate as might be necessary, and also such part of the principal as she might consider necessary, for the support and education of the petitioner until she attained the age of 18 years. Thereafter, the income was to be paid to the petitioner until she became 21 years old at which time “all of said trust estate and property” was to be paid and delivered to her.

A decree of distribution was entered on April 25, 1929, distributing $50,000 in trust to this respondent pursuant to these provisions of the will. This petitioner arrived at the age of 21 years on July 23, 1942. This proceeding, for the purpose of requiring the trustee to render an account, was filed on May 6, 1946. The petition, among other…