Wilson

I dissent.

The plaintiff’s complaint is sufficient to pass the test of a general demurrer. We must here assume that all of the pleaded facts are true. (Jensen v. City of Modesto, 89 Cal.App.2d 835 [ 202 P.2d 332]; Abroms v. New York Life Ins. Co., 53 Cal.App.2d 764 [ 128 P.2d 391 ].) The complaint shows the creation of the trust; it alleges that the trustor intended only the natural born children of the life beneficiary to receive the trust *548 property on distribution, to the exclusion of all other persons; that plaintiff is the only natural child of Olga Wilson, the life beneficiary; that in violation of the terms of the trust, and in 1953, the trustee distributed one-half of the trust property to Rose Wilson and one-half to the plaintiff; that at the time of the distribution the trustee represented to the plaintiff that the terms and provisions of the trust provided that such distribution be made at the time and in the manner it was made; that plaintiff relied upon the representations of the trustee and placed full faith and confidence in the trustee, and that plaintiff did not know the terms and provisions of the original trust instrument, and did not question the…

Plaintiff appeals from judgment entered after sustaining of demurrer to the third amended complaint without leave to amend.

By agreement executed in 1915, Frank Pauson transferred in trust 20 shares of Frank Pauson & Sons, a corporation. Dividends thereon were directed to be paid by the trustees to the trustor's daughter, Olga Wilson, for life. Upon her death, dividends were to be paid to her surviving "issue" in equal shares. Upon her youngest surviving "child" reaching the age of 25 years, the corpus was to be distributed to "the then surviving children of said Olga Wilson, share and share alike." Frank Pauson died in 1916. Olga Wilson died in 1953. The third amended complaint alleges that plaintiff is the only "natural child" of Olga Wilson, and that he was older than 25 at the date of Olga's death. The original complaint alleged that defendant Olga Rose Wilson was adopted by Olga in 1944. The third amended complaint alleges that "in using the words 'children' and 'issue' in said trust agreement the said Frank Pauson intended to designate the natural born children of the life beneficiary Olga Wilson, to the exclusion of all other persons." It also alleges that:…

Plaintiff appeals from judgment entered after sustaining of demurrer to’the third amended complaint without leave to amend.

By agreement executed in 1915, Frank Pauson transferred in trust 20 shares of Frank Pauson & Sons, a corporation. Dividends thereon were directed to be paid by the trustees to the trustor’s daughter, Olga Wilson, for life. Upon her death, dividends were to be paid to her surviving “issue” in equal shares. Upon her youngest surviving “child” reaching the age of 25 years, the corpus was to be distributed to “the then surviving children of said Olga Wilson, share and share alike.” Frank Pauson died in 1916. Olga Wilson died in 1953. The third amended complaint alleges that plaintiff is the only “natural child” of Olga Wilson, and that he was older than 25 at the date of Olga’s death. The original complaint alleged that defendant Olga Rose Wilson was adopted by Olga in 1944. The third amended complaint alleges that “in using the words ‘children’ and ‘issue’ in said trust agreement the said Frank Pauson intended to designate the natural born children of the life beneficiary, Olga Wilson, to the exclusion of all other persons.” It also alleges that: Olga Rose was…