Shaw

This action was brought to declare a trust in the proceeds of a life insurance policy written by the Pacific Mutual Life Insurance Company upon the life of Frances Tyler Shaw, deceased. We need not refer in detail to the various pleadings filed by the parties. When the cause went to trial, the only controversy remaining was one between the defendant, as executor of the last will of the deceased, and plaintiffs, who claimed as beneficiaries of an alleged trust created by the deceased. The insurance company had paid into court the proceeds of the policy subject to the determination of the rights of the rival claimants. The trial court entered its judgment declaring the trust in favor of plaintiffs, appointing the Crocker First National Bank of San Francisco as trustee in the place of the San Francisco Bank, which had been named as trustee in the trust agreement executed by the deceased but had declined to act as such trustee, and awarding plaintiffs attorneys ’ fees and costs to be paid out of the trust funds. The defendant executor appeals from said judgment.

The facts appear in the findings of the trial court as follows :

(Here follows “Trust Agreement” executed by deceased in…