Marshall

This case requires us to make a de novo interpretation of certain language in the Arthur Leonard Marshall Trust. Wells Fargo Bank, as trustee, brought a petition in the probate court for an order construing the trust instrument. (Prob. Code, § 17200, subd. (b)(1).) The probate court ruled that respondent Alisa Marshall (Alisa), the granddaughter of the trustor Arthur Leonard Marshall (the trustor) and daughter of the trustor’s son John Samuel Marshall (Sam) by his first marriage, should obtain distribution of the trust assets to her or her guardian, and that appellant Donna Marshall (Donna), the surviving second wife of Sam, should receive nothing under the trust. The probate court also made related orders regarding payment of attorney fees. Donna has appealed the order construing the trust and two of the attorney fees orders.

We agree with Donna that the evident intent of the trustor was that she, as the surviving wife of Sam, should obtain a life income from the trust, even though she was not yet married to Sam at the time that the trustor died. We therefore reverse the order construing the trust instrument and the order that Donna should not obtain payment from the…