Estate of Campbell
Opinion
Opinion
Ray A. Gallo for Claimants and Appellants.
Vizzard, Baker, Sullivan & McFarland and James Vizzard for Petitioner and Respondent.
CHRISTIAN, J.
This is an appeal from an order entered on the petition for instructions of respondent Bank of America National Trust and Savings Association as trustee under the will of Judge Allan B. Campbell. Judge Campbell made provision in his will for his three children, Jean Campbell, Kathleen Campbell Halas, and Allan B. Campbell, Jr., and for Kathleen's son, Jon Halas. Kathleen died before the trusts created by the will had terminated; the will did not make clear provision for that contingency and the trustee needs a definition of the surviving beneficiaries' rights.
The relevant clauses of the will may be summarized as follows:
Fourth. Bequeaths to Jon $2,000 to be placed in the trust created by the seventh paragraph.
Sixth. Gives to the bank, in trust for Kathleen,
(1) three parcels of realty, one of which she may occupy rent free, two the rental income of which she is to receive monthly.
(2) a percentage of an oil royalty to be accumulated for three years and then distributed according to directions.