Serrano v. Haneberg

This is an appeal from a judgment of the court which determined the conflicting claims of two sets of claimants to part of the income of a testamentary trust created under the provisions of the last will and testament of August Haneberg, deceased.

The testator died on August 11, 1927, leaving a will which created a testamentary trust. The material provisions of the trust, as subsequently incorporated in the decree of final distribution, provided as follows:

Henry Haneberg, one of the four named income beneficiaries, died on October 16, 1927, leaving five children who thus became entitled to his share of the income. One of these children, Neal Stanley Haneberg, was the natural father of six children who were bom after the testator’s death. Two of these children, Michele Claire Serrano and Neal Stanley Serrano, were adopted on November 17, 1966 by their stepfather and their natural mother. When Neal Haneberg died on April 21, 1969, a question arose as to the manner in which his share of the trust income should be divided. The testamentary trastee petitioned for instructions whether such share should be divided into six equal sub-shares among all six of the children Neal…