Estate of Robinson

Alfred A. Affinito and Gerald A. Belleci for Claimants and Appellants.

Appellant Evelyn Haug is a surviving daughter of testators Fred G. Robinson and May N. Robinson. Appellants Lola M. Robinson Padgett and Dorene Robinson Hoyt are the children of testators' deceased son, Fred G. Robinson, Jr., and the grandchildren of the testators. Appellants all appeal from a judgment of the Superior Court of Merced County determining interests in the testators' estates. However, since they present opposed points of view, we shall refer to testators' daughter as appellant Haug, and to the grandchildren as appellants Padgett and Hoyt. Moreover, since the trial court's decision was based solely on the terms of the testators' will the issues presented herein are issues of law, and we shall make our own independent determination (Estate of Platt, 21 Cal.2d 343 [ 131 P.2d 825 ]; First Trust & Sav. Bank v. Costa, 83 Cal.App.2d 368 [ 188 P.2d 778 ]).

Decedents made their joint and mutual will on June 28, 1949. At the time testators' seven children, two sons and five daughters, were all living. The pertinent provisions of this will are as follows. It establishes a spendthrift trust to…