Estate of Mabury
Opinion
Opinion
Paul, Hastings, Janofsky & Walker, Edward D. Spurgeon, Richard K. Roeder, Charles M. Walker, David B. Harriman, John R. Peterson, O'Melveny & Myers, David D. Watts, John F. Aiso and David E. Gordon for Claimants and Appellants.
Parker, Milliken & Kohlmeier, Clark & O'Hara, Floyd M. Lewis, Paul J. Livadary and Jeffrey L. Glassman for Petitioner and Respondent.
McCutchen, Doyle, Brown & Enerson and Albert J. Moorman for Claimant and Respondent.
Evelle J. Younger, Attorney General, and James M. Cordi, Deputy Attorney General, for Respondent.
OPINION
JEFFERSON (Bernard), J.
This is an appeal and cross-appeal from an order of the probate court directing distribution of income of a testamentary charitable trust. [1]
Bella Mabury died October 16, 1964. Her will, dated September 29, 1961 (including two subsequent codicils), was admitted to probate on November 9, 1964. The order for preliminary distribution, which established her testamentary trust, was entered on September 24, 1965.
The trust instrument provided that, during the existence of the trust, trust income was to be accumulated and to become principal of the trust estate. After the decease of Eloise Mabury Knapp, a sister…