Estate of Brown

Launer, Chaffee, Hanna, Ward & Stack and Launer, Chaffee, Hanna, Ward, Stack & Langhauser for Objectors and Appellants.

James E. Walker and Blodget, Gilbert & Cochran for Claimants and Respondents.

SHEPARD, J.

This is an appeal from a judgment and decree instructing the testamentary trustee regarding distribution of income.

Laura Norton Brown, a widow, at about the age of 80 years, made her will at Fullerton, California on February 24, 1942. She died June 22, 1943, at age 81. Her only child, Thomas Duffill Brown, died before she made her will, leaving surviving him his wife, Nellie Brown, a natural son, Keith (whom we will hereinafter call Keith, Senior), and an adopted son, Douglas. At the time she made her will there were also two great-grandchildren, Keith, Junior, and Diane Brown Baker, the issue of Keith, Senior. After the will was made three other great-grandchildren were born, also the issue of Keith, Senior. They are Daryl, Sharon and Kendall Brown. There is also one great-great-grandchild, Leslie Ellen Brown, the issue of Keith, Junior.

By her will the testatrix bequeathed the bulk of her estate to a bank as trustee, directing that

(a) the net income be paid in…