Estate of Canfield

Gibson, Dunn & Crutcher, John T. Pigott and Charles S. Battles, Jr., for Objectors and Appellants.

Birger Tinglof for Petitioner and Respondent.

No appearance for Respondent Trustee.

HERNDON, J.

This is an appeal from that portion of an order of the probate court entered on June 3, 1966, which directed the trustee of a testamentary trust to distribute to respondent Laura Elaine Canfield Pierce one-half of the principal of the trust estate remaining in the hands of the trustee on June 15, 1965.

The resolution of the controversy presented to the court below by the parties to this appeal involved the construction of the distributive provisions of an order of the probate court which was entered more than 53 years ago and which was designed to create the trust in conformity with the decedent's testamentary directions as contained in his will dated August 29, 1912. The duty devolving upon this court of review is to decide whether or not the interpretation the court below placed upon the language of the distributive provisions of the trust was a reasonable and tenable construction. Having made our own independent evaluation of the divergent constructions urged by the parties, we…