Estate of Joslyn

Morris Lavine and Ronald H. Bonaparte for Objector and Appellant.

Burris & Lagerlof, Stanley C. Lagerlof and Jack T. Swafford for Petitioner and Respondent.

No appearance for Objector and Respondent.

STEPHENS, J.

This is an appeal from an order filed August 13, 1965, instructing a trustee, as authorized by Code of Civil Procedure, section 963, subdivision 3, and Probate Code, section 1240.

The facts are that on December 27, 1949, the Alice N. Joslyn testamentary trust was established, and M. L. Joslyn was appointed trustee. On June 30, 1963, M. L. Joslyn died. M. L. Joslyn died testate, and by his will appointed Robert D. MacDonald (hereinafter MacDonald) as successor trustee in said Alice N. Joslyn trust (hereinafter termed trust). MacDonald petitioned for appointment as successor trustee; this petition was heard on June 5, 1964, and was opposed. By its order of June 10, 1964, the court found the trust was without trustee and that MacDonald was the appointee successor trustee under the will of M. L. Joslyn, original trustee; further, that by stipulation of attorneys representing the parties, "all requirements of notice relative to the proceeding were waived" and that "in the…